The First Sale Doctrine [1] is what prohibits Apple or any manufacturer from preventing me selling my Mac on eBay.

It used to be that you could buy or sell airline tickets to people. There used to be ads in the newspaper classifieds. The airlines are very happy that that's not possible now.

Absolutely many companies in many industries would be happy to prevent people from doing X, both from a quality control and profit-maximizing perspective.

But if I buy a ticket from StubHub or a scalper on the street, the experience should be the same. Having a delivery company insert themselves into the process means they make accept orders where they don't have enough drivers, have to transport it too far from the restaurant to the customer (many/most restaurants have limits on delivery area for time/quality), etc.

So this seems completely different because the delivery companies are inserting themselves into the process as though they were endorsed by the restaurant.

https://www.justice.gov/archives/jm/criminal-resource-manual...

I think we can carve out an exception specifically for food and food services. Why? Because of the extremely limited shelf life of hot food. That’s what sets it apart from your other examples.

Your "why" is totally arbitrary. Shelf life? Why not dollars? Apple could say it should receive extra protection because it loses 1000+ dollars every time an unauthorized MacBook Pro or iPhone 12 is sold outside of the channels that it controls. (I don't believe that is entirely true, but it's how Apple would argue it) Whereas unauthorized food deliveries are dealing in the tens of dollars, and further, the restaurant is never totally cut out of the loop, since previously-consumed food can't be resold.

The distinctions are only arbitrary in the fantasy world where an iPhone is remotely similar to a burger.

Food products, especially restaurant foods, are regulated differently than non-food consumer goods. And have been for over a century. There are licensing requirements, safety requirements, and other rules that apply to restaurants that don't apply to other businesses.

And those "arbitrary" laws make all the difference in why unapproved middlemen should not be allowed for restaurant foods.

> There are licensing requirements, safety requirements, and other rules that apply to restaurants that don't apply to other businesses.

none of which are addressed in any way whatsoever in this new law. nor does this law add any licensing or safety requirements for the delivery person or delivery platform.

Additional licensing and safety requirements aren't required.

In requiring the delivery platforms to get permission from the restaurants, the delivery platforms are deemed agents of the restaurant and therefore are subject to any existing requirements that apply to food delivery.

IOW, the food safety rules now apply to Uber Eats, GrubHub, etc., without requiring a redundant set of new laws.

Then let's amend it so those things are there.

Lots of items have incredibly short shelf-lives as well. I spent nearly a decade in the live event ticketing industry so I'll focus on that.

A significant precent of ticket sales are last minute. A friend tagging a long or someone waiting for prices to drop. Food spoils and looses quality fast, but so do good from many industries. I think carving out an exception for food is potentially a slippery slope.

It would probably be better to carve out exceptions for any item that could potentially be worthless after some amount of time. Live event tickets, food, travel, etc.

Actually, Stubhub is a little complicated in that, for example, sports season tickets can have conditions attached to them. Stubhub has lost a couple of court cases around that.

The law does not set any health standards on food delivery platforms.

Restaurants will have to sign up with each delivery platform, and/or delivery platforms will have to sign up each restaurant. Either way, the net effect will be to protect the extant food delivery platforms from new competition.

It would be the same thing if the delivery company was operating as a resale marketplace for used food ;)

None of those examples claim to be, or otherwise tey to make you think they are, an official outlet for those goods.

Sure they do, of course ebay hosts used items but they also promote direct manufacturer-to-customer sales for many products. Stubhub actually does sell plenty of seats that were never otherwise available to the public, further, with their stadium maps and use of team names, etc, plenty of people might assume they are buying tickets via an official or authorized channel. StockX you likely have a point -- but it still doesn't mean that Nike approves of it and wouldn't try to shut it down if given some statutory assistance meant to target restaurants but written a bit too broadly.

I would argue that the average person would not consider ebay an official vendor for a brand like Amazon. Ebay is set up to make the seller prominent. (Moreso than amazon does, I would argue.)

I haven't used StubHub in a while, but if they have move to being a first party distributor in some cases, i could see some confusion arising for a consumer.

The funny thing is, Amazon is a terrible example, since lots of stuff there is actually being sold by 3rd parties, not by Amazon itself, and not with any authorization from the manufacturer.

example: https://www.amazon.com/Rolex-Datejust-126303-Silver-Bracelet...

would you shell out $13,000 for this watch from "AUTHENTIC WATCHES"? Are they authorized to sell Rolexes? Do they have any "arrangement" with Rolex? Would Rolex honor its warranty after this sale? Is the watch even new?

My point is that amazon makes it difficult to see who exactly youre buying from and to know that you're getting it from that seller under many circumstances.

Also, there is the first sale doctrine, so they most likely do not need to be "authorized" to sell by Rolex unless you can only purchase a rolex by signing away the roght of first sale. (I'm not sure that's possible to do and am sure it's come up with Tesla, but haven't looked for any relevant cases.) (Whether or not you trust that seller enough to give them that kind of money is a separate issue; I do not.)

This isn't about these companies reselling food, its about them acting as an agent of the restaurant when they are not. They're also not selling me a "cheese pizza" for delivery and giving me one from a local place, they're selling me "company X's cheese pizza" for delivery, when Company X may not want their pizza delivered and has no knowledge of their listing by this company acting as their agent.