this post was submitted on 12 Nov 2023
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Tesla will sue you for $50,000 if you try to resell your Cybertruck in the first year::Tesla may agree to buy the truck back at the original price minus "$0.25/mile driven" and any damages and repairs.

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[–] [email protected] 43 points 11 months ago (2 children)

How is this legal in the US given the first sale doctrine?

[–] [email protected] 26 points 11 months ago (1 children)

Ferrari has some similar bullshit, but you agree to it in a contract when you buy the car. If you refuse they simply don't sell you the car.

(Ferrari chooses you, not the other way around)

[–] [email protected] 7 points 11 months ago (2 children)

If you refuse they simply don't sell you the car.

Sure, question is of course: will they be able to do something about it if you agree to the terms and sell it anyway. I don't think 'breaking' an agreement based on unlawful stipulations is actionable (ianal)

[–] [email protected] 7 points 11 months ago* (last edited 11 months ago) (2 children)

For Ferrari, if you break their stipulations, they put you on a blacklist and won't sell you another ever again. I can't find any other hard-and-fast things they do because there's a lot of rumor milling, but barring you from purchases and ending your dealership maintenance seem to be "for sure". I imagine it comes with some other stigmas from the community too. But much like real estate covenants if you agree to something in a contract, and then break it, you're subject to civil action. In a Covenant, the contract holders are permitted to buy back your house and evict you.

[–] [email protected] 14 points 11 months ago (2 children)

If I recall correctly, Ferrari being assholes is why Lamborghini isn't just a tractor brand.

[–] [email protected] 2 points 11 months ago

That is correct

[–] [email protected] 1 points 11 months ago

Even at the time of the quarrels con Ferrari, Lamborghini was already producing both tractors, air conditioners and boilers.

[–] [email protected] 3 points 11 months ago (1 children)

Yeah for the people in question (buying ferraris/teslas) that blacklisting part might be deterrence enough. Still, even in that real estate covenant construction you mention, that 'something' they stipulate cannot be unlawful I think.

[–] [email protected] 1 points 11 months ago

If they simply forbade resale, it would be an unenforceable term. The obligation on them to buy it back (at an agreed price) in order to enforce the term likely makes it legal.

[–] [email protected] 1 points 11 months ago

Deadmau5 was threatened with a lawsuit over his "Purrari" Nyan cat livery.

[–] [email protected] 10 points 11 months ago (2 children)

How does Monsanto avoid this?

They sell you seeds. You can grow things with those seeds, but you cant plant the grown plants' seeds.

[–] [email protected] 19 points 11 months ago* (last edited 11 months ago) (1 children)

In that case, it's a patented product that happens to reproduce itself as part of its normal operation.

In this case, it's just shitty business behavior.

(To be clear, no, living organisms should not be patentable. But it'd be fucking hilarious if patented genes went feral.)

[–] [email protected] 1 points 11 months ago

On the plus side, some of those patents have already expired.

[–] [email protected] 3 points 11 months ago

It's even worse than that. You can buy seeds from the market place have no agreement with Monsanto but can't plant those seeds.

https://en.m.wikipedia.org/wiki/Bowman_v._Monsanto_Co.