

Google Glass almost at 100k USD on eBay - Heliosmaster
http://www.ebay.com/itm/google-glass-/281092946313?pt=US_Cell_Phone_Replacement_Parts_Tools&hash=item417271f989

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chrisacky
Just some relevance, but everyone who is getting a set of Google Glasses has
done so through joining the Glass Explorer Program. Upon joining they have all
agreed to terms of the following [1]. These are not the terms which will apply
upon general release.

'If you resell, loan, transfer, or give your device to any other person
without Google's authorization, Google reserves the right to deactivate the
Device, and neither you nor the unauthorized person using the Device will be
entitled to any refund, product support, or product warranty.'

Since the original auction has been removed, here is a screenshot for anyone
who missed it. [2]

Also, from a legal point of view, I believe that the first sale doctrine, does
not apply in this situation because, 1) people had to apply to join the
program, and then agreed to the terms of the Glass Explorer Program [3], 2)
They are just shutting down the device. Your ownership and property rights are
not affected.

[1] : [https://lh4.googleusercontent.com/-zeDA7Huey9o/UWy-
qZX9LbI/A...](https://lh4.googleusercontent.com/-zeDA7Huey9o/UWy-
qZX9LbI/AAAAAAAA-oo/Wz3iDxZk0AE/s803/13+-+1)

[2] : <http://www.chrisacky.com/images/glasses1.png>

[3] :
[http://en.wikipedia.org/wiki/Google_Glass#Glass_Explorer_Pro...](http://en.wikipedia.org/wiki/Google_Glass#Glass_Explorer_Program)

~~~
ubersoldat2k7
"Google reserves the right to deactivate the Device"

Wow, is it even possible for Google to do this? I mean, if they can do it for
pre-release versions, how can I be sure they won't deactivate mine's whenever
Google want's

~~~
Heliosmaster
technically, it does not seem too far fetched.

I don't really know why, but I thought of the infamouse "we have root" quote
of Mark Shuttleworth.

Also, if Google is able to install automatically software on your phone (by
following your input in Google Play, of course), I wouldn't be surprised if
they could brick it remotely.

~~~
RossM
Androids can be potentially bricked by a system-signed app [0], I wouldn't be
surprised if it has a similar counterpart in Glass.

[0]:
[http://developer.android.com/reference/android/Manifest.perm...](http://developer.android.com/reference/android/Manifest.permission.html#BRICK)

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marknutter
He's taking the auction down apparently. Here's his rant:

"Please note: this auction is being removed, due to finding out that Google
Glass cannot be resold once obtained. Since I have not received anything other
than confirmation from Google that I have been selected for the #ifihadglass
contest, I was not given the terms of service agreement that those who
received the first batch did indicating the device could not be resold. So,
all of you who apparently have no life aside from posting in forums about this
auction can sleep well tonight knowing that the glasses will not be sold.
Thanks to Patrick Nugent (eBay user torwolv) and the many others who have
driven up the price for their own amusement. #ifihadalife Sorry for being a
recent college graduate that was hoping I could possibly resell my Google
Glasses to help pay down my student debt. Yes, I am everything that's evil in
the world. Anyway, nothing to see here anymore. Take a screen shot, it will
last longer!"

------
rayiner
Where's the outrage here about first sale doctrine and how a ToS shouldn't be
able to dictate what you do with 'your' property.

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zacharycohn
Looks like some fraud going on here. Look at the bidding history:
[http://offer.ebay.com/ws/eBayISAPI.dll?ViewBids&_trksid=...](http://offer.ebay.com/ws/eBayISAPI.dll?ViewBids&_trksid=p2047675.l2565&rt=nc&item=281092946313)

Started at $5,000, then the same user bid $5,100 all the way to $84,000
without anyone else bidding. Checking out the user history, this looks like
the only thing they've bid on.

~~~
danielrmay
Did you read the auction description? It appears the owner is taking the
auction down anyway due to resale being against the google glass ToS.

~~~
Guvante
He also implies bidding fraud.

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jimrandomh
This wouldn't happen if the initial allocation of Glass units had been done in
sane way, like setting a market-clearing price, rather than basing it on
Twitter follower count.

(And yes, I'm pissed that I didn't get one.)

~~~
thedufer
Did you see the list of people who got them? A significant number had no
followers at all. I doubt the median follower count of selected accounts was
much different from the median follower accounts of the active twitter
population.

> setting a market-clearing price

That would be _way_ less of a random sampling than what they have now. You
don't get good feedback by having it available to such a tiny segments of the
population.

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chrislomax
I don't know if Google are going to like this if they figure out who it is. I
would be inclined to say that they won't honour their agreement to sell them a
beta pair if they don't even plan to use them.

What does everyone else think on this? This to me is like buying a ticket to a
show with the sole intention of turning a profit on it?

~~~
prg318
I was a participant in the Chromebook pilot program and I received a CR-48.
When applying for the pilot program you had to agree that you wouldn't sell
the device to anyone else (I don't know where the ToS for that is, but that
was the gist). The terms implied that you weren't really receiving the device
for "free", you were receiving the device on the terms that you will test it
and provide feedback. I suppose it would depend on the ToS of the Google Glass
pilot program, but I don't forsee Google smiling upon this as selling CR-48s
was strongly discouraged by Google.

~~~
chrislomax
I can see the auction has been removed now for that exact reason. My main
issue with it was that it is not fair for other people that entered the the
program for a trial pair of the glasses. The guy has clearly stipulated it was
to pay for his student debt, doesn't seem fair for people actually wanting a
pair for genuine reasons.

~~~
DicksonJr
On the other hand, people outside the USA weren't allowed by Google to sign up
for the Glass trial program. This gray market could provide access for those
who couldn't get one.

~~~
rtkwe
This is less of a first round of sales and a more of a public beta test and
market research rolled into one.

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ck2
Does google own all beta test units or do the beta testers?

~~~
kefka
It's whatever Google wants, because they can "hack" your device and kill it if
you assert your property rights.

And no company has been charged with the CFAA.

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ditojim
i picked up glass yesterday at google's campus. they are freaking sweet! not
worth $100k though. $1500 was plenty :)

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scrapcode
This wont be up long.

