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Old 04-19-2013, 06:18 PM   #25
Rylon
Hungry Polar Bear
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Posts: 34
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Join Date: Feb 2011
Location: San Jose, CA
Device: Kindle Keyboard Wi-Fi + 3G
Quote:
Originally Posted by CyGuy View Post
I find this very confusing, Google can't "forbid" you from selling them even if they wanted to. Something doesn't add up here.
Sure they can. It's called a contract. First year contracts: all contracts have an offer, acceptance of the offer, and consideration.

Offer: We'll sell you this widget for $1,500 on the condition that you don't re-sell them.

Acceptance: you buy the widget for $1,500.

Consideration: (Every party gets something, every party looses something) Widget maker gets $1,500,000 but looses the ability sell it someone else, you get the widget, but you're out $1,500.

If you then sell the widget, you're in breech of contract and the widget maker can sue for damages. Or, possibly, get a restraining order preventing you from re-selling it.

Quote:
Originally Posted by Sil_liS View Post
The definition of owning something is changing.
Not really.

Restraints on alienation (fancy way of saying re-selling, I only use alienation incase someone wanted to google phrase for legal precedent), while depreciated, have never been per-se illegal. Or even very uncommon.

Consider tickets, many special event tickets say they are non-transferable. Maybe you've bought a large box with several individually wrapped items inside that say "not for re-sale"? Restraints on re-selling are quite common and have been for literally centuries.

Quote:
Originally Posted by AndrewH View Post
I'll wait to overreact till Google Glass is out of beta. To me, this is nothing more than people whining about NDAs.
An NDA or the like was clearly part of the package. These people accepted Google's offer. Avarice is mighty thing.

Lastly, a restraint on re-selling or copying something doesn't magically turn something from ownership into a license. Almost no ownership is without restraints of some kind.
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