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Comment by pulse7 | Hacker News Reader

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The gotcha is that these stores aren't theirs.

Rolex is very happy to use retailers to sell their watches, they're just not happy with retailers having the freedom to sell their watches as they deem appropriate.

It's basically retailer freedom to sell as they wish vs Rolex's freedom to prevent the retailer selling as it wishes, and I tend instinctively to support the little guy in these fights.

Which one is the little guy? Would that opinion change if the little guys are the bookstore?

At the other end of it there's franchises and dealer networks.

It can't be black and white and companies having no power to do so whatever the circumstances or contract.

First sale doctrine presumably applies? If the retailers have purchased stock from a manufacturer, then they own it and they can do whatever the heck they want with it.

I think we should be extremely sceptical of any definition of "freedom" that prioritizes the ability of big, wealthy companies to restrict the actions of smaller firms and individuals.

I don't think "first sale" doctrine applies here. The retailers sign a contract with Rolex in order to buy watches; Rolex argues that the contract can say whatever they want. Since you didn't sign any contract with Rolex, you can sell as many of their watches online as you like. Many people buy Rolexes online.

> First sale doctrine presumably applies?

Not a thing in France.

Even if it was a case in the US, it is their resellers who are fighting the requirement of B&M-only sales. Not sure where that falls in the "first sale" doctrine because presumably there are contracts involved for resellers.

This case is not about owners selling their used watches on eBay or something.

It's worse, they're forced to sell in a channel they don't want

I think it’s less about forcing Rolex to sell online, and more about forbidding them from preventing their partners from selling online, if I’m reading it correctly. Rolex can sell only in B&M (if they wanted to sell direct) but they can’t make that business model a condition of their partnership program.

There are probably ways to make it very onerous for partners to sell online though.

Did you read the article? It's not Rolex, it's the affiliates. Rolex isn't being forced to sell online, they are preventing dealers from doing it.

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