Infringement Question

[p7050]

A person on ebay sold me a program with resell rights and now states he is going to file a lawsuit for copy infringement on me because I was selling his item cheaper that he was. He says I caused harm to his business when I sold the program with resell rights. here is his site and there are plenty of programs that were branded by him that are not his. I have removed the items from ebay also.Thanks

http://www.onlybestdeal.com

3821365296 Expired Domain SOFTWARE-FULL w/RESELL RIGHTS by OWNER

here is what he wrote:
I am the owner of the program you are selling illegally with resale rights. Remove auction immediattely and do not attempt to resale again. If not removed within 24 hours ebay will be notified. I also reserve the right to take legal action for copyright infringement

 

[mark]

layman's opinion only as not an attorney, but i believe the answer to your question would depend upon the contents of the resale agreement assuming there was one. seeking the advice of an attorney would probably be your best bet.

 

[adoptabledomains]

You don't include the terms of the deal, but reading between the lines it sound like maybe he has sold you the software with resell rights, but that you cannot further offer resell rights to those YOU sell. Read your license agreement to see if this may be the case.

As for pricing, generally a US vendor cannot engage in price fixing with a few rare exceptions that may be covered in a contract. Again read your license agreeement.

If you don't have a license agreement, then there is a big problem in that the copyright would not let you resell unless expressyly given. The seller leaves themselves open for license terms as interpreted by copyright law or a judge to determine.