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lambada | 2 years ago

How does this hold up against the First Sale Doctrine in the US?

discuss

order

Ajay-p|2 years ago

It doesn't but you would need to sue to make it happen. Similar to the cases against Costco, and Wiley and Sons textbooks.

a. https://caselaw.findlaw.com/court/us-9th-circuit/1689936.htm...

b. https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_So....

Tesla would have to license the vehicle to you, or you would have to sign a contact to that effect, in order for it to pass muster. Even still, it's possible Tesla would lose in a lawsuit if they tried to enforce it. AFIK Ferrari, another bad actor in this space, as not been sued, but they do refuse to sell to certain people.

IANL but the First Sale Doctrine is pretty clear. Unfortunately you would have to sue to prove it.

c. https://en.wikipedia.org/wiki/First-sale_doctrine

6nf|2 years ago

Ferrari won't sell to everyone, but they don't stop buyers reselling their cars.