I’m not sure where this article (New methods eyed for buying movies) comes off arguing that “first sale” doesn’t apply when it comes to DVDs, but I expect I’ll get an answer soon enough.
Want to get rid of that old DVD box set of “The Best of Barnaby Jones?” Peerflix has the site for you.
The Menlo Park, Calif., company has created a site at which consumers can trade their old DVDs with one another legally, thereby stretching their entertainment budgets and clearing out clutter. Selling a used DVD outright can be legally iffy, as it gets into complex copyright issues, but Peerflix offers a way around the sticky legalities.
Peerflix is one of a number of outfits determined to change the way consumers get their movies. […]
[…] The network in some ways harks back to the economies of medieval Europe. Technically, consumers don’t buy (or sell) used DVDs on the network. Instead, they create lists of movies they want, and movies they want to trade, and then exchange them for “peerbucks.” The peerbucks can then be traded for other DVDs, according to Danielle Levy, a Peerflix representative.
DVDs on the network cost 1, 2 or 3 peerbucks, depending on consumer demand and available supply. Consumers can buy peerbucks from the company for $9 each, but most people prefer simply to trade in that old “Men in Black” DVD for a copy of something equivalently priced, such as “Men in Black II,” she said.
Peerflicks makes its money by charging the person acquiring the movies 99 cents per transaction, she said.
Legal DVDs (that is, those that weren’t pirated) can be traded in this fashion without violating any laws. However, it is still illegal to trade unauthorized pirate disks.
Something in the EULA/shrinkwrap that I missed? Why doesn’t “first sale” apply to DVDs? (Maybe something related to this: Exceptions Consume The Rule: DVD & The First Sale Doctrine)