LWN.net Logo

Upholding the first sale doctrine

Upholding the first sale doctrine

Posted Mar 24, 2013 11:52 UTC (Sun) by kleptog (subscriber, #1183)
In reply to: Upholding the first sale doctrine by giraffedata
Parent article: Upholding the first sale doctrine

The most interesting part I found was from I think the concurring judge which stated that market segmentation is not a right but neither is it explicitly forbidden, simply that neutering the first-sale doctrine was not the right way to do it.

He suggested that the supreme court had erred in a previous related case where if that had gone the other way market segmentation would have been possible without neutering the first-sale doctrine.

As usual, the ball is really with the legislature to fix the law so that it says what they intended, rather than having judges try to guess.


(Log in to post comments)

Upholding the first sale doctrine

Posted Mar 26, 2013 0:31 UTC (Tue) by nix (subscriber, #2304) [Link]

As usual, the ball is really with the legislature to fix the law so that it says what they intended, rather than having judges try to guess.
But that requires legislators to read the laws before they pass them, rather than just taking whatever the lobbyists wrote and jamming it through on a $PARTY ticket. (This is not universal, but is depressingly common in both the US and EU.)

Upholding the first sale doctrine

Posted Mar 28, 2013 16:46 UTC (Thu) by Wol (guest, #4433) [Link]

And which is why the UK government is intent on neutering the House of Lords.

Jealousy is a terrible reason for doing things, and one thing our unelected House did very well - precisely *because* they were unelected - was to go through legislation with a toothcomb and make sure that it was reasonable legislation.

Once we've lost it, I doubt we'll get it back ...

Cheers,
Wol

Upholding the first sale doctrine

Posted Mar 28, 2013 17:04 UTC (Thu) by BlueLightning (subscriber, #38978) [Link]

Apart from those of the unelected who were offering legislation for a price, that is (and those were just the ones that got caught)...

Copyright © 2013, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds