I agree. Wonder if Motorola could pay eBay not to sell the phone. Seems extreme but I see where they're coming from. Plus Chinese ripoffs will make it even more vunerable to softening the price/appeal.
Not if they draft it properly. Motorola just needs to make it a right of first refusal to repurchase at the original price with a reasonable liquidated damages clause.
Reader Comments (Page 1 of 1)
jared @ Nov 3rd 2008 12:38PM
That would violate the first sale doctrine, so it's not enforceable.
Anthony @ Nov 3rd 2008 12:40PM
I agree. Wonder if Motorola could pay eBay not to sell the phone. Seems extreme but I see where they're coming from. Plus Chinese ripoffs will make it even more vunerable to softening the price/appeal.
Goat Law @ Nov 3rd 2008 12:44PM
Not if they draft it properly. Motorola just needs to make it a right of first refusal to repurchase at the original price with a reasonable liquidated damages clause.
Mobius_1 @ Nov 3rd 2008 1:48PM
Well, I'm just wondering if Motorola will have enough money to buy back these phones at a fair price...
stopsnitching @ Nov 3rd 2008 1:49PM
I agree with First Sale Doctrine violation!