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   Can company sell you book and call it their IP?
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   Author  Topic: Can company sell you book and call it their IP?  (Read 1958 times)
JSonnabend
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Re: Can company sell you book and call it their IP
« Reply #5 on: Dec 19th, 2006, 10:04am »
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No, the book is.

Please explain how a book -- ordinary chattel -- can be intellectual property.  Is there a different definition of "book" that fits the context of the OP?
 
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We could, but that wasn't the question.

Actually, it was, if one gives a reasonable reading to the OP.
 
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It's also very common for standardized test prep companies to include provisions relating to the disposition of their study materials, so there's no mystery here as far as I'm concerned.

Are these terms enforceable?  Are you aware of any case law in which such terms were enforced?
 
The answers you provide always seem to me to be far too black and white.  Little in the law is that way.
 
- Jeff
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Re: Can company sell you book and call it their IP
« Reply #6 on: Dec 19th, 2006, 11:56am »
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on Dec 19th, 2006, 10:04am, JSonnabend wrote:

Are these terms enforceable?  Are you aware of any case law in which such terms were enforced?
 
The answers you provide always seem to me to be far too black and white.  Little in the law is that way.

 
No, I do not know of any cases discussing the validity of such terms.  Do you?  That said, I can't conceive how a contractual provision of the sort described by the poster could not be enforceable.  While they might be procedurally unconscionable in the sense that they are non-negotiable, they certainly aren't substantively unconscionable.  If you disagree, that is your right.
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