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garageday

Guest
What is the name of your state? New York



I'll try and make this brief .. it has been ongoing for several months now, so I have alot I could post:




I found a set of books on the side of the road on garbage day. Had I not grabbed them, they'd be in the dump or recycled right now. I took them inside and put them on eBay.


The item(s) in question are an 8 book set of USMLE Medical Study/Workbooks by Kaplan Inc. They're just workbooks/textbooks for medical students to help study for their exams. The information in them is probably public knowledge even.

The books are labled "Not For Resale". They books are not available for public purchase, and can only be aquired by signing up for a 3 month course through Kaplan. If you take the course, you get your books.


Kaplan Inc., the Copyright holder and Publisher, had my auctions removed on eBay claiming I was violating their rights.



They informed me that because the books are part of the course ... labled "Not for resale", and "given" or "included" in said course ... they are not protected via the First Sale Doctrine ... and they, as the Publisher, have legal rights to stop any and all attempts to resell the books.

Having never taken the course, not being affiliated with Kaplan or any of its competition, ect ect ect .. I felt they had no right to tell me what I can and cannot do with items I found sitting on the side of the road. I never agreed to any contract upon taking the course that I wouldn't resell the books.



So .. by stamping "Not For Resale" on the side of the books, and "giving" them away with purchase of an expensive course program, are they really legally allowed to dictate what happens to the items after they've left their sight?

I'm completely at a loss as to what to do now ... I've been banned from eBay over this, and have been trying to understand Kaplan's stance and legal rights - as well as my own. Kaplan only responds with emails containing "because we said so" responses that do not assist me in getting a grasp on what is going on.

Thanks ...
 


racer72

Senior Member
I would suggest dropping the books in your recycling bin. Kaplan has the right to control the sale of it's products, even after they have been sold.
 
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garageday

Guest
racer72 said:
I would suggest dropping the books in your recycling bin. Kaplan has the right to control the sale of it's products, even after they have been sold.

Wow ... okay. I'm shocked, to say the least, that ANY company has the right to control products after they're sold. I thought the law strictly prohibited that very type of thing.
 

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