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Old 01-31-2010, 10:56 AM   #89
Xenophon
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Quote:
Originally Posted by Jellby View Post
You are right, it can be in a contract. But not everything that can be in a contract is actually enforceable. Contracts sometimes have abusive clauses, or clash with higher laws, etc. I bet there'd be a case against contracts which prevent the vision impaired to enjoy the book or "damage" the Chinese language (though it would depend on the real language policy of the Chinese government, and would only affect books printed/sold in China).
Full agreement with all of this. I wasn't intending to be addressing anything beyond 1st-sale-doctrine and the lack of a contract with retail purchasers. All the usual legal issues with contracts and what the may or may not include (and what clauses may or may not be enforceable) still remain, and are beyond the scope of my earlier discussion.

And we won't even mention the question of whether those contract provisions would be a good idea....

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