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Author Topic: FOR SALE: PLI PATENT BAR REVIEW COURSE...FULL SET!  (Read 3324 times)

physicsnerd

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Re: FOR SALE: PLI PATENT BAR REVIEW COURSE...FULL SET!
« Reply #15 on: 08-03-10 at 11:18 pm »

Sorry, the first sale doctrine does apply here (although maybe not the software).  And he is not required to prove they are not counterfeit before selling them.  Your license cannot extend past your rights.  You don't have a right to circumvent the first sale doctrine so any provision in your agreement that claims to restrict that right is unenforceable. 

That said, I've always heard good things about PLI's product, so I won't say anything bad about the quality of the product.  I will say, however, that your tactics are pretty appalling. 

If you want to restrict the resale of the videos and audio then you should include DRM software that inhibits use beyond your license.  But as is, with no DRM in place, you cannot unilaterally dispense with the first sale doctrine. 

I think it reflects badly on your character to try to enforce rights that you don't possess.
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MarkDighton

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Re: FOR SALE: PLI PATENT BAR REVIEW COURSE...FULL SET!
« Reply #16 on: 08-09-10 at 09:37 am »

No. You state yourself that the point of law is not settled. That's a fair statement and I'm content to leave it at that.
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Yungin

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Re: FOR SALE: PLI PATENT BAR REVIEW COURSE...FULL SET!
« Reply #17 on: 08-12-10 at 12:12 am »

The state of the law is not settled in all states Mr. Dolt, however, in California and a few other states, under the current law, PLI cannot enforce its license due to the First Sale Doctrine and its scare tactics are unethical and potentially unlawful. 

Now now, someone has been caught misrepresenting the law and now you look sheepish Mr. Dolt.  Yes, that does reflect badly on your character.
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MarkDighton

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Re: FOR SALE: PLI PATENT BAR REVIEW COURSE...FULL SET!
« Reply #18 on: 08-12-10 at 08:24 am »

PLI is headquartered in New York, where the law is unsettled. I have not misrepresented the law.
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Yungin

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Re: FOR SALE: PLI PATENT BAR REVIEW COURSE...FULL SET!
« Reply #19 on: 08-12-10 at 11:01 pm »

Haha, no you just ignored a few inconvenient legal issues, how lawyerly of you. :-\  Impressive.  Maybe you should be actually practicing law instead of pawning study materials and terrorizing college students.  Is there a choice of law provision in this license?  Is this license separately agreed to in advance or merely a shrink-wrap license?

This PLI sounds like a charming company. The least they could do is buy back their crap so people aren't stuck with this garbage.  Barbri doesn't pull this scam on people.  Barbri bought back my materials for a good price and the rest I sold with no problem.  I guess Barbri has better things to do than terrorize their customers - smart move. ;)
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