> I have read that no company can control how a product is sold or disposed of
> by the buyer. For example, OEM software that say "for distribution only with
> a new PC" or words to that effect may be sold by the seller to whomever they
> please with or without a new PC without any fear of prosecution. This is
> because that once the company has sold the product to the reseller, they
> cannot (legally) regulate how the product is resold. Of course whether or
> not they continue to supply this seller is their own business, but once the
> goods are supplied to the seller, he may dispose of them any way he wishes.
So what about those "fun packs" of Milky Way bars or other confectionery?
Can sellers just ignore the "Not to be sold separately" notice and sell
individual items?
> Along the same line as this is clauses in licences saying that in the event
> that you sell your software to someone else, you must pass on or destroy all
> copies of the software that you made. Is this legal or enforceable? My
> guess is that it isn't. If you started using that copy, that would be a
> different matter i suppose.
Why don't you just do it, and ask Microsoft to sue you over the breach, then
let the court decide? I think you'd lose on a point of law, and not just
because they can afford better lawyers.
Peter
------------------------------------------------------------------------
Peter Meric pmeric@nospam.socs.uts.edu.au
pmeric@nospam.progsoc.uts.edu.au
pmeric@nospam.acs.itd.uts.edu.au
"Stupidity cannot be cured with money, or through education, or by
legislation. Stupidity is not a sin, the victim can't help being
stupid. But stupidity is the only universal capital crime; the sentence
is death, there is no appeal, and execution is carried out
automatically and without pity."
Robert Heinlein