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  #1  
Old 09-30-2008, 11:19 PM
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Join Date: Sep 2008
Posts: 2

Can this guy legally stop me from selling?


Regarding states: I'm in New York. "The presenter" is in Florida. This is a "Can I resell it on eBay?" question.

I purchased a set of DVD's of an Internet Marketing seminar on eBay back in January. As far as I knew at the time, the only way you could get the DVDs was to call the office of the presenter who put the seminar on. The ebay seller I purchased the DVDs from got his set straight from the presenter.

Having watched them, I'd like to sell them again on eBay. I got them all ready to go today, then noticed that the presenter is now selling them on his website. At the bottom, there's a big notice that says:

IMPORTANT NOTE: THESE RECORDINGS ARE LICENSED FOR YOUR USE ONLY. YOU MAY NEVER RESELL THEM EVER - ESPECIALLY ON AUCTION SITES SUCH AS EBAY. IF THIS IS A PROBLEM FOR YOU, DO NOT PURCHASE THIS ITEM.

Is he just blowing smoke, or can he actually come after me if I sell them?

I kinda doubt it would be worth his while, or that he would even notice, but all the same I'd like to know the score. Is it enough to slap something like that up on your website? I did get the DVDs from eBay to begin with.

Thanks!
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  #2  
Old 10-02-2008, 11:03 AM
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Join Date: Jul 2007
Posts: 944
He's blowing smoke! Sell them if you want, you OWN them legally!
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  #3  
Old 10-02-2008, 12:30 PM
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Join Date: Nov 2005
Location: New Vertiform City
Posts: 4,180
The guy putting a disclaimer on his website binds you how?

You did not even buy the discs from him.
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  #4  
Old 10-02-2008, 03:25 PM
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Join Date: Aug 2008
Posts: 67
You don't own the IP on the discs, but you own the physical discs themselves. Can't sell a copy, can sell the original.
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  #5  
Old 10-05-2008, 04:13 PM
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Join Date: May 2008
Posts: 208
Aside from the fact that you own them and he has no control over what you do with your property, that notice is new. By no stretch of the imagination can he try to apply a usage rule retroactively.

You can do what you want with your property and sell it, as long as you aren't selling bootlegs or burned copies.
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