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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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'business relationship' | 227 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
'business relationship'
Authored by: Anonymous on Thursday, June 14 2012 @ 03:48 PM EDT
I don't see a 'business relationship' equivalent to purchasing a book. A
business relationship, as I meant it, is one that extends beyond a simple
buy/sell transaction, so that there is some continued interaction after the
sale. A good example was when Novell sold part of the Unix business to SCOX.
It was not a simple buy/sell with both parties walking their separate ways; SCOX
was supposed to promote Unix, send royalties to Novell, and, among other things,
let Novell veto any litigation that SCOX was considering.

Transactions, on the other hand, are not relationships. You give your money,
you get the article or license, and then both parties walk their separate ways.
What strings might be attached to the transaction needs scrutiny, particularly
where the buyer is accepting a boatload of unread terms just in purchasing the
item in question. This first sale restriction on a transaction does bother me,
because it does reach inappropriately past the transaction. Either McGraw-Hill
is selling the book or not. It's copyrighted, so the buyer is not allowed to
copy any material beyond fair use, but it is still the buyer's copy. One of the
rights and privileges of ownership is the ability to sell, and certain parties
are trying to take that away from their consumers.

I see warranties as outside of the 'business relationship' scope, as well, since
they are merely aspects of a seller agreeing to supply an item that will at
least work within certain specifications.

[ Reply to This | Parent | # ]

Not just books
Authored by: Anonymous on Thursday, June 14 2012 @ 10:06 PM EDT
A recent study shows that a car made in Canada costs thousands more to buy in
the town it is made than in Honolulu. Car dealerships are not allowed to sell
to people from out of the country. The article suggest a violation of
competition laws and my reading is that is is a trade violation with the cars
being dumped in the US market.

[ Reply to This | Parent | # ]

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