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That would violate the first sale doctrine, so it's not enforceable.
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.
Well, I'm just wondering if Motorola will have enough money to buy back these phones at a fair price...
I agree with First Sale Doctrine violation!