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  1. #1
    Macgyver1MD's Avatar
    Macgyver1MD is offline Senior Member 535 points
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    Kaplan violating First-Sale Docturine?

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    What are your thoughts about Kaplan's position of restricting RESALE of their books.

    Check out this law called the First-Sale Docturine and see if you believe they are in violation. It seems to me they are WRONGFULLY RESTRICTING the resale of their textbooks (Lecture Notes).

    Why is ValueMD allowing Kaplan to bully them into not allowing resale of their lecture notes, when its perfectly legal per the below US Law??

    Whats your thoughts?


    First-sale doctrine - Wikipedia, the free encyclopedia
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  2. #2
    DOC.p's Avatar
    DOC.p is offline Super Moderator 7191 points
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    i'm not much of a law guy but i don't see what the big deal is...maybe they have a similar agreement like software has?
    M.D.

  3. #3
    Macgyver1MD's Avatar
    Macgyver1MD is offline Senior Member 535 points
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    The big deal is some companies will try to BULLY CONSUMERS into believing that resale of their books/software is ILLEGAL, when its perfectly LEGAL.

    There are plenty of cases where the judge sided with the consumers in software cases.
    Example: Adobe v/s Random Consumer, were adobe sued a consumer because he resold his bundled software of adobe products that came with his computer as individual titles. He didn't copy them, but simply resold them. Adobe claimed they sold only a LICENSE and not actual ownership of the software. The judge cited First-Sale docturine and claimed the consumer owned the software and could resale it if he pleased.

    If you'll read the article on wiki, under computer software you will see what I mean.
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  4. #4
    Doc's Avatar
    Doc
    Doc is offline Administrator 9367 points
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    This is the way it was explained to me:

    The way Kaplan gets away with this is by never selling the books to the students in the first place. Rather, these "lecture notes" are only to be borrowed by the students who are enrolled in the course. Of course they don't expect them to be returned at the end of the course, but they also don't expect the students to give/sell/trade them either since, technically, they are the property of Kaplan, Inc.

    In other words, you may believe that wiki article applies here, but that would only apply if you actually "purchased" the Kaplan lecture notes. However, the fact is that you never legally "purchased" them because they have never been "up for sale" by Kaplan. If anything, you were enrolled in the Kaplan course, which included the use (not the purchase) of the lecture notes.

    Another way to look at it is with Qbank. A student pays to use the questions for a certain period of time (1-3 months). But the student doesn't buy and/or own the questions and is not free to sell/trade/copy/distribute them.

    BTW, I believe a notice about this is included with the notes and/or other course material which you agreed to when enrolling in the course. I suggest contacting Kaplan, Inc. for further explanation.
    Doc
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    Macgyver1MD's Avatar
    Macgyver1MD is offline Senior Member 535 points
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    Thanks Doc, interesting point.
    Its a debatable topic and like all law and politics can be debated till the cows come home. I would not contact Kaplan because I don't believe I would receive a fair and balanced view of the topic from them, since they have a vested interest.

    I'm no lawyer by a long shot; I'm learning to be a Dr instead, but I will investigate anything I believe to be invalid to get the facts. I like most real Dr's will seek out the facts before acting on them.

    Good Discussion though and I welcome any and all input!
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    green flash is offline Junior Member 510 points
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    review books

    The school I attend does charge for the books. There is a charge for the K course and a separate charge on the invoice for the books. It is required as part of the 5th semester. I have a feeling that K doesn't know it is charged for that way (maybe the school is not supposed to charge us for the books but they do at $300 per set).

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