On Sun, 23 Oct 2005 16:56 , Alain Williams <addw@phcomp.co.uk> sent:

>On Sun, Oct 23, 2005 at 04:41:10PM +0100, Richard Jones wrote:
>> On Sun, Oct 23, 2005 at 12:19:07PM +0100, Alain Williams wrote:
>>> The cover says 'Promotional use only. Not for resale. Unauthorised duplication and use prohibited.'
>>> 
>>> I respect the copyright and won't make copies. What I want to query is the 'Not for resale'. I have
>>> not agreed to anything. I could (I assume) resell the whole newspaper once I had finished reading it,
>
>>> so why could I not resell part of what I received ?
>
>> You're perfectly entitled to resell it, and the Sunday Times is also
>> perfectly entitled to put bogus, unsupportable threats on to the cover
>> of the CD.  If people believe them, more fool them.  In the US this is
>> known as the first-sale doctrine
>
>> [http://en.wikipedia.org/wiki/First-sale_doctrine].  In the EU it's
>
>> called the exhaustion of rights
>
>> [http://en.wikipedia.org/wiki/Exhaustion_of_rights].  FWIW my friend
>> bought about 10 of these "newspaper" CDs this morning in a car boot
>> sale - they're great for uploading onto his iPod.
>
>I thought that something like that applied. I have written to The Times asking
>them to justify their restriction.

I suspect they have put this there so they are not sold in retail outlets "as new" rather than via a purchase of their paper.  Once you have legally purchased this disk, you are permitted to sell it on to someone else.  This is a conflicting use of the term resale.

Andy Farnsworth


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