Do these terms violate the first sale doctrine?
(*Note: I've copy/pasted the terms at the bottom of this question)
This website produces DVD's for sale that teach how to use other 3rd party software. A few years ago I bought 4 DVD's from them that have since just been sitting in a bookcase collecting dust, so i decided to sell them. A friend suggested that I might try to offer them to the college school library that I had attended in the past, as they often will buy relevant material.
I'm not copyright guru, so maybe I'm just misinterpreting what they're trying to say, but it sounds like they're trying to claim copyright infringement if anyone sells their material, regardless of form (physical DVD or virtual), unless the "Library Version" of the DVD is purchased, which happens to be significantly more expensive.
Obviously...well, to me it seems obvious that would conflict with the first sale doctrine(granted all my training came from Wikipedia). Since I legally purchased the physical DVD's, they should be my property and I'm allowed to resale them to anyone. Including a school that would put them in their library for student use.
*Just to clarify I own 4 separate physical DVD's from them, I don't own a virtual copy, or the "Library Version" that they try to sell.
Notice: You are not allowed to copy, lend, redistribute, sell, lease, or license the content purchased on this site in any form except for institutions which purchase a Library version for lending and instruction.
The Library version allows the institution to lend the DVDs to the faculty, staff, students and other authorized users affiliated with the institution for use on and off institutional premises. Authorized users, however, may not copy the DVDs or lend them to unauthorized users. The Library version will only receive the physical DVDs and not the Downloads. Redistributing the downloads in any form is strictly prohibited since it would be a form of copying the content.
If Educational Institutions or any other Studios would like to purchase a copy for Library Use, please purchase the Library version of the DVDs for $195 each. We also have many options from streaming on your intranet, to discounts on bulk purchases, please contact us using the support form for more info on streaming or if you have any questions about the Library Versions.
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by (Website Address Removed), acceptance is expressly limited to these terms.
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