dennis roberts wrote:
>
> robert ... i disagree ... now, if minitab will reimburse him for NOT
> selling them ... that is a different story ... but, if they won't AND he
> has not USED the project ... i see nothing to prevent him from obtaining a
> return on his investment ...
Just the wording of the contract...and there _are_ plenty of precedents
for those.
For example, if you decide you don't need your fire insurance policy,
I just bet you cannot legally transfer it to somebody else. (Go on,
phone your insurance company and ask...)
Courts in many places have determined that artists have surprisingly
strong rights over their work after sale, including a strong but
nonabsolute right to keep works such as murals onthe intended site.
Air tickets. Yes, sometimes on an internal flight you can get away with
travelling on a ticket issued to somebody else - but you try it on an
international flight, or with a ticket issued to a member of the other
sex, and see whether you fly. Or just step up to the checkin desk and
mention that "by the way, I'm not John Smith, he couldn't fly this
weekend..."
All-you-can-eat restaurants. See if your local salad bar will let you
go in with a friend and sell him your "contract" to provide you with
salad. Granted, you've "used" that contract, but you have not used it
up - it's still good for more salad to *you*.
(I bet Penn State won't let students scalp their registration, either.
Ask your registrar what the reaction would be if somebody came up and
said that he had sold his place in an oversubscribed course to Chummy
here for twice the usual tuition rate, so please do the paperwork?)
Penn State may well have a contract to let them return unopened
software - and J. Random Punter can usually _return_ unopened software
for a refund (that's usually part of the small print about opening the
shrunkwrap being the moral equivalent of a contract signed in blood).
But that does not extend to anybody not an Authorized Reseller being
allowed to sell the silly things to a third party for his/her own price.
The buyer can probably sell the media - if erased - and probably the
box and manuals, although I (ObDisclaimer: who am not a lawyer) do not
see any legal reason why the contract could not be extended to cover
these if the company were vindictive enough.
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