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Date:      Thu, 18 Mar 1999 08:23:49 -0700
From:      Brett Glass <brett@lariat.org>
To:        "Robert A. Bruce" <rab@pike.cdrom.com>, freebsd-advocacy@FreeBSD.ORG
Cc:        rab@pike.cdrom.com
Subject:   Re: BSD advertising clause
Message-ID:  <4.1.19990318082221.03f07c30@localhost>
In-Reply-To: <199903180957.BAA09798@pike.cdrom.com>
References:  <Your message of "Wed, 17 Mar 1999 19:14:06 PST."             <99585.921726846@zippy.cdrom.com>

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At 01:57 AM 3/18/99 -0800, Robert A. Bruce wrote:
 
>2. It constitues "restraint of trade", because it puts conditions not
>   only on the party doing the copying, but also on third parties such
>   as distributors and resellers.  In the US, once you sell a product,
>   you cannot put any conditions on how it will be sold, such as price
>   levels, discounts, channels, or advertising restrictions.  That is
>   collusion and restraint of trade.

I was under the impression that this was called the "first sale"
doctrine.

In any event, wouldn't this invalidate parts of the GPL, too? And/or
the notice on many products that says, "For non-commercial use only?"

--Brett



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