Legal Question in Business Law in New York
What is the law on selling game software which has packaging labeled �Not For Resale� and/or �Not Packaged For Individual Sale�? I came across a box containing several of the same factory sealed new game CD�s in residential trash. As a non-business owner and as I have not purchased them in the first place can I sell them online, for example on Ebay? Also How would resellng these items differ from any other item which one might purchase or receive by any other legal means, how can a company have the legal right to control the resale of their product?
2 Answers from Attorneys
You can sell the games, as well as anything else you legally own, under the Doctrine of First Sale. Google it for more info.
You do not own the software. You picked up the CD, so you own the CD, but the software on it belongs to the publisher. The original purchaser got only a license to run the software on a computer or console or other platform and you cannot have greater rights than that.. So when you sell the software, you are committing a tort (conversion) and yo can be sued for that.
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