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113. Re: GameStop Used Game Lawsuit Mar 28, 2010, 11:46 Tigger
everyone wrote on Mar 28, 2010, 10:00:
EULA are dubious at best, and almost certainly couldn't be used to enforce resale limits.

I never said they could be, I said that they ' allow the purchaser of the software to transfer 'right to use the software' at least once.'. I am using this to support the idea the resale of games is legal and permitted and there really isn't anything anyone can do about it.

I mean, seriously, it doesn't take a genius to figure out that if this was a slam-dunk deal, EA, Activision and every other publisher on the planet would have sued the shit out of EB/GameStop ages ago and stopped used game sales. The fact is that the law on the issue is gray and no one really wants to take it up with the Supreme Court because if they might lose. Besides, this is really protected under the first-sale doctrine.

The supreme court disagrees with you about the copyright holder retaining all rights on each copy sold. The copyright holder retains the rights to the intellectual material, but they do not retain all rights to the specific copy sold.

Which case?

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Vic Fontaine for President
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