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DanAoS

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  1. I stumbled across this topic while searching for more information about Robert Addams, my wife received an email via eBay from his wife today because she is selling 3 of the Robert Addams CD-ROMs that her mum no longer wants. I've dug around and as far as I can tell while eBay can remove the item given that they control the site, Mr & Mrs Addams cannot legally enforce this due to UK and EU copyright law and the EU software directive 2009/24/EC (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:111:0016:0022:EN:PDF) under Article 4.2, which is the EU equivalent of the US "first sale doctrine". Once the item has been sold to an end user the copyright holder can no longer restrict the sale of that item (they can excercise their right to prevent unauthorised hiring or copying, but not restrict the sale of the original item itself) to anyone else within the EU. My wife has sent them a reply pointing out that under UK and EU law their "no resale" restriction is unenforceable, and possibly illegal. The UK copyright law summaries I've gone through don't list resale as an act that a copyright holder can enforce, and I've spent enough time in the past few years having to dig through legal documents during my work for an online book retailer (I've had to memorise most of the Distance Selling Regulations for instance, and copyright issues pop up a lot), but I'm wondering if I've missed something, or are the Papercraft terms and the strong arm tactics of the Addams' without any substance? As it is for the sake of 3 CD-ROMs I'm not sure it's worth the hassle to pursue this any further, we'll probably just go and sell the CDs on another site, and from the email we've had from Mrs Addams it seems that they're only interested in blocking sales on eBay, but I guess I do have a habit of taking things like this to heart and I think I might just try to appeal it if eBay use Vero to pull these items off given that it's supposed to be used to prevent the sale of counterfeit items.
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