I read on a game CD that

Unauthorised copying, adaptation, rental, lending, distribution, re-sale, etc. are prohibited

So how can websites like Gamestop legally re-sell preowned game discs?

1 Answer 1


Don't get hung up on unauthorized resale. That only prohibits unauthorized resale. Authorized resale is ok.

From http://www.justice.gov/usam/criminal-resource-manual-1854-copyright-infringement-first-sale-doctrine:

The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy. See 17 U.S.C. § 109(a) & (c). Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in cases that allege infringing reproduction.

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