Qwark said:
My post was a question regarding bofferbauer its statement. If the loss of warranty alters a product significantly to not be protected under the first sale doctrine. Doesn't that mean every product is significantly altered when warranty/guarantee expires and should no longer be protected by the first sale doctrine. If so that would be a very bad thing. |
First, this article doesn't really tell us much. It's little bits and pieces of the whole thing scattered around.
What I'm wondering is if this is aimed specifically at people who are reselling second-hand games as "new". If there is a limited warranty that no longer applies unless it's sold by an authorized reseller, then calling it "new" would be misleading and possibly illegal. I'm pretty sure this applies to lots of things--I know car standards are pretty strict--but most of the time there isn't an issue with piracy or fraud as with movies or games.
If that's the case then I don't see much of a problem.
I also wonder if Polygon checked the credibility of their source. I would assume so but it doesn't mention that. Regardless, this really should have been run by a lawyer before publication because it kind of sounds like a good deal of conjecture.
