U.N.Owen
4th Level Red Feather
- Joined
- Apr 20, 2001
- Messages
- 1,945
- Points
- 63
...at least for all tapes sold from now on.
The people who have complained about a ban on the resale of tapes are legally correct: people have the right to resell original books, videos and audios. A vendor does not have the legal right to decide after the sale that such resale is banned.
BUT, a seller may set any conditions he likes BEFORE the sale, so long as they are made explicitly and the buyer is able to review them before purchase. If the buyer accepts the terms, he explicitly agrees to the conditions. If not, he is under no obligation to make the purchase, and the vendor is under no obligation to sell.
In other words, RealTickling includes in all future sales an explicit contract, under which the buyer, by making the purchase, agrees never to resell the tape. TC then has full legal rights, to the best of my understanding, to act against anyone who resells the tape.
(A good example is promotional items, which are given away, but sometimes say on them that they are given on condition that resale is illegal -- thus, in taking it, the customer agrees to the terms. But if it DOESN'T explicitly say that, the vendor can't later say that he MEANT it...)
This would have no effect on the many tapes already sold, but legally, I don't think there's anything TC can do about that -- prior sales were made under standard commercial terms, and the tapes can be resold. But if such a contract were now added, all FUTURE tapes sold would be legally protected from resale.
I really think that's the best TC can do, and still have a legal leg to stand on.
The people who have complained about a ban on the resale of tapes are legally correct: people have the right to resell original books, videos and audios. A vendor does not have the legal right to decide after the sale that such resale is banned.
BUT, a seller may set any conditions he likes BEFORE the sale, so long as they are made explicitly and the buyer is able to review them before purchase. If the buyer accepts the terms, he explicitly agrees to the conditions. If not, he is under no obligation to make the purchase, and the vendor is under no obligation to sell.
In other words, RealTickling includes in all future sales an explicit contract, under which the buyer, by making the purchase, agrees never to resell the tape. TC then has full legal rights, to the best of my understanding, to act against anyone who resells the tape.
(A good example is promotional items, which are given away, but sometimes say on them that they are given on condition that resale is illegal -- thus, in taking it, the customer agrees to the terms. But if it DOESN'T explicitly say that, the vendor can't later say that he MEANT it...)
This would have no effect on the many tapes already sold, but legally, I don't think there's anything TC can do about that -- prior sales were made under standard commercial terms, and the tapes can be resold. But if such a contract were now added, all FUTURE tapes sold would be legally protected from resale.
I really think that's the best TC can do, and still have a legal leg to stand on.
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