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Subject: Re: Is Eugene Nalimov aware of this eBay auction?-legal

Author: Mike Hood

Date: 11:55:55 02/15/03

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On February 15, 2003 at 13:46:28, Russell Reagan wrote:

>On February 15, 2003 at 13:41:59, John Smith wrote:
>
>>So long as the original owner deletes the files from his computer, the auction
>>would be legal.  US copyright allows the owner of a legal copy to do whatever he
>>wants with the product.
>
>That's true for a commercial product, but what about this situation, in which
>there is no original "purchase"? Does the seller "own" anything to begin with?
>If not, how can he legally sell it? IMO, the seller has nothing which he has the
>right to sell, since he did not purchase it, and therefore has no license to
>transfer. I don't know the laws on this kind of stuff however. Does anyone else
>know?

I'm not a lawyer, so I won't claim to make any legal statements. But..... I've
had years of dealing with Ebay, and I know from experience that Ebay always errs
on the side of safety. ie, if there is any doubt as to whether a product can be
legally sold or not, Ebay stops the sale. So, if Eugene complains to Ebay, I'm
sure the auction will be blocked.



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