re selling evaluation products online

[missmissy2005]

a school was given text books for teachers' evaluation. they are not permitted to "re sell them". the publishers do not want them back. The school knows I help parents whom home school. the warning on the textbooks label states, "if you were given this material by the publisher for free, without cost, to examine, it is strictly prohibited for resale" so the school GAVE them to me for FREE. now they are off the hook, right? and since the PUBLISHER did not give these books to ME, for evaluation, basically, they were disposed of, sorta.. am I then legally free to sell these items at a book website for parents who home school? Thank You

 

[muggsyj]

This is not legal Advice,

8 out of 10.

You should know you should always start a sentence with a capital letter and "Sorta" is slang.


Ok, back to the questions at hand.
Are you a teacher at the school where the books were given? because if you are then morally you know the books are not for sale!
Are the books clearly stamped not for resale? If they are there maybe a reason those books are not for sale, for example the information maybe lifted from allsorts of copywriters material so the company therefore they maybe under instruction that the material may only be used for free in schools.

Education should be for free, it is our duty to help the next generation along the way, after all they are all potential little tax payers. That's my opinion, anyway good luck with what you decide.

Take care.

 

[Michael Wechsler]

LOL. Muggsy is right on target. If the message is loud and clear that resale is strictly prohibited, whether or not the school is technically off the hook may not prevent a lawsuit and the publisher from investigating what the circumstances were beyond illegal book sales by you - and you will, of course, be sued if you are selling items with that restriction. The books are the copyrighted property of the publisher and they can attach terms of transfer of that license.