Quote:
Originally Posted by HansTWN
Why shouldn't a buyer and a seller be able to make up their own rules? That is fine as long as it is fair and holds up in court.
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It hasn't held up in court; first sale rights trump contracted agreements. If the item is sold, not rented, the buyer has extensive rights on what can be done with it--it can be resold, destroyed, shared, displayed, or restricted, at the buyer's whim.
The case that decided this was a movie studio which sold its old films to be shredded into stuffing of some sort; one of the buyers was using them as movies--reselling them to people who wanted to watch them. They sued, on the grounds that their sales contract said the sale was for destruction only, and they lost: once it's sold, the former owner has no right to describe how it's used.
The Ferrari might be a special case--but if it's *sold* rather than "contracted to be sold via payments taking place over several years," it can be resold instantly. For that to work, the initial payment might have to be all at once instead of spread out; otherwise, the seller might claim that some rights don't transfer until the final payment is made.
elcreative seems to think that the right to sue over unathorized copies & distribution thereof, includes the right to demand that the work be experienced the way the creator intended. Even if there's a contract between buyer and seller, it may not be valid. At worst, the buyer's guilty of breach of contract--but the penalties for that have to be spelled out in the contract itself.