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Log In / Register | May 22, 2018
Granville_Bean's picture

franchised to filter, not to sell equipment

We are just going around in circles.  You have set up a rhetorical question based on a false either/or premise.

But to entertain your tangent one more time, Ford franchises its dealers to re-sell cars.  They do not, for example, franchise them to resell proprietary, licensed, dealer-use-only diagnostic software.  That is why there are legislative initiatives by independent repair shops to require car makers to also make such software available to non-dealer repair shops.  The dealers pay for the software and it is theirs but subject to contractural restrictions as to its use and resale. The dealers can only use it as long as their are acting as franchised dealers, and they can't resell it (unless with permission of Ford to another licensed dealer).

You want to stop the answer at "it is theirs", so you can say "so they can do anything they want with it".  NO THEY CAN'T.  And as you have now confirmed, NEITHER CAN YOU if you buy a Filta machine.  But that's not what you wanted to hear, so you'll come up with some other simplistic rationale that since it is yours, you can do anything you want with it, since it is yours. NOPE. 

You buy the machine, but with the restriction that you can only use it per your agreement with Filta. You can't change your mind about paying Filta royalties, keep the machine and keep running a filtering business with it. You can't end your Filta franchise, cleverly sell the machine to a different person, partnership, corporation, LLC, etc. and set 'them" (which might actually be you, acting through said corporation, partnership or LLC) up in a filtering business.

It's YOUR machine that you PAID for but you CAN'T do anything you want with it, due to a contractural restiction on its use. Instead they have the contractural right to buy it back from you. You can't keep it even though you paid for it and it's yours, nah nah nah nah naaaah.

But noooo, how about I make you happy by "admitting" that it is yours because you paid for it, so therefore it is yours to keep and do whatever you want with it, because it is yours because you paid for it.  That's what you want to hear. But nooo, that wouldn't be true.


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