RE: [dvd-discuss] Open with caution

[John Galt <galt(at)inconnu.isu.edu>]

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I believe that the unsolicited mail being a gift is on a state by state
basis, as it's codified in Idaho in it's UCC (Uniform Commercial Code),
section 28-2-329: it's on the WWW at
http://www3.state.id.us/cgi-bin/newidst?sctid=280020329.K .  ISTR Mr Tyre
saying that Cali also had a similar law.

On Fri, 16 Aug 2002, Richard Hartman wrote:

>Don't know if that's as much of a slam-dunk as you
>think, Dave.  At least, not with that precedent.
>
>If I understand this correctly, these are not books
>that somebody has bought ... that would bring first-sale
>rights into the picture, and I presume that is the
>issue that the SC decision hinged on.  (After first
>sale the publisher didn't have the right to demand
>certain price for resale.)
>
>These were books sent to medical professionals
>from drug companies.  Promotional materials, essentially,
>intended to encourage the doctors to use/recommend
>whatever goods/services the company providing the
>book had to offer.  
>
>Well, as such I think this falls under a different
>precedent.  IIRC any item recieved -unsolicited-
>in the mail is a "gift", and no terms can be 
>attached.  (Does anybody have the cite for this,
>or am I completely misremembering?)
>
>
>

- -- 
Pardon me, but you have obviously mistaken me for someone who gives a
damn.
email galt@inconnu.isu.edu
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