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Re:Pirate Joe’s, Maverick Distributor of Trader Joe’s Produc... by Paul-ish on Friday June 09, 2017 @02:30PM (#14523363)
First-sale doctrine applies to copyrighted works. Deed restrictions are an example where someone can sell property with conditions on its use.
Re:Pirate Joe’s, Maverick Distributor of Trader Joe’s Produc... by otterley on Friday June 09, 2017 @02:33PM (#14523389)
Real estate is the only type of property I'm aware of that allows the owner to enter into covenants that "run with the property." As of yet, I haven't heard about any exceptions. Software licensors have tried, but so far haven't been successful AFAIK.
Re:Pirate Joe’s, Maverick Distributor of Trader Joe’s Produc... by guelo on Friday June 09, 2017 @02:44PM (#14523462)
The Supreme Court reinforced these doctrines just a week ago (in a patent case, but the same principles apply), ruling against Lexmark printer cartridge restrictions "that a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose."
Re:Pirate Joe’s, Maverick Distributor of Trader Joe’s Produc... by guelo on Friday June 09, 2017 @02:39PM (#14523425)
First-sale doctrine also applies to trademarks which is what would be at issue here. The doctrine allows reselling of trademarked products.