Web Hosting Talk : Other Forums : Web Hosting Lounge : a question which confuses me

[Torith]

I have asked many people and it is split about half way.... If you buy a video at say Wal Mart some people say you can not rent it out because of Section 109. Though other people are saying that it is okay, because of First Sale Doctrine. So which one is it?

Section 109
http://www.copyright.gov/title17/92chap1.html#109

First Sale Doctrine
http://www.vsda.org/Resource.phx/vsd.../victories.htx

So who is right?

[Puenil]

Yes, you can rent it out...... BUT NOT FOR A PROFIT.

Basically, you would be loaning it but if you charge a fee of any kind you are in violation.

** Just my understanding ** ( I didn't utilize the links provided for my statment )

[internext]

My understanding is that when you buy it, you do so for your private in-home use. You can sell it when you are done with it but to rent it would be a form of redistribution, which is not allowed... better read the FBI Warning next time!

[Rob83]

Correct eric has it right. You are purchasing it as a consumer and therefore as private user and cannot sale or rent or make a profit of it. Wal-Mart isn't a consumer, they are business, so they can sale it since they bought it from the manufactor.

[Amish_Geek]

Then where does blockbuster get their videos from? And what is different about the video/disk that blockbuster has? It has the exact same FBI warning on it "for private use only"

[Rob83]

Originally posted by amish_geek
Then where does blockbuster get their videos from? And what is different about the video/disk that blockbuster has? It has the exact same FBI warning on it "for private use only"

Blockbuster is not a consumer, they are a business. When they buy movies from the manufactor, they are not buying them as a consumer so it's still an item for sale/rent.