The Right To Resell Your Own Stuff Is In Peril In The USA
This is interesting. Let's hope they don't get this crazy idea here too.
Quote:
It could become illegal to resell your iPhone 4, car or family antiques
CHICAGO (MarketWatch) — Tucked into the U.S. Supreme Court’s busy agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.
At issue in Kirtsaeng v. John Wiley & Sons is the first-sale doctrine in copyright law, which allows you to buy and then sell things like electronics, books, artwork and furniture as well as CDs and DVDs, without getting permission from the copyright holder of those products.
A Supreme Court case could limit the resale of goods made overseas but sold in America.
Under the doctrine, which the Supreme Court has recognized since 1908, you can resell your stuff without worry because the copyright holder only had control over the first sale.
Put simply, though Apple has the copyright on the iPhone and Mark Owen does on the book “No Easy Day,” you can still sell your copies to whomever you please whenever you want without retribution.
That’s being challenged now for products that are made abroad and if the Supreme Court upholds an appellate court ruling it would mean that the copyright holders of anything you own that has been made in China, Japan or Europe, for example, would have to give you permission to sell it.
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Wow, it will destroy an already tinkering on failure economy. I hope it does happen so they see the err in their ways.
So everything sold after would be considered black market? Not to mention eBay, amazon, kijiji to name a few would fail..
I always said keeping judges in the Supreme Court until they die is wrong, because they rule as if they are God and have no real world experiences
Not to mention they go senile in the old age and can't be stopped
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Pretty much inline with the rest of the insanity SOB (South of the Border). First FUBAR forms, now this.
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Quote:
Originally Posted by eMacMan
Pretty much inline with the rest of the insanity SOB (South of the Border). First FUBAR forms, now this.
Did you read the article eMacMan? This has nothing to do with the government or government policies. It is a matter of civil law and only came about because of this:
Quote:
The case stems from Supap Kirtsaeng’s college experience. A native of Thailand, Kirtsaeng came to the U.S. in 1997 to study at Cornell University. When he discovered that his textbooks, produced by Wiley, were substantially cheaper to buy in Thailand than they were in Ithaca, N.Y., he rallied his Thai relatives to buy the books and ship them to him in the U.S.
He then sold them on eBay, making upwards of $1.2 million, according to court documents.
Wiley, which admitted that it charged less for books sold abroad than it did in the U.S., sued him for copyright infringement. Kirtsaeng countered with the first-sale doctrine.
In August 2011, the U.S. Court of Appeals for the Second Circuit upheld a lower court’s ruling that anything that was manufactured overseas is not subject to the first-sale principle. Only American-made products or “copies manufactured domestically” were.
I think common sense will most likely prevail... as the article states on the second page:
Quote:
In its friend-of-the-court brief, eBay noted that the Second Circuit’s rule “affords copyright owners the ability to control the downstream sales of goods for which they have already been paid.” What’s more, it “allows for significant adverse consequences for trade, e-commerce, secondary markets, small businesses, consumers and jobs in the United States.”
And if doesn't then the government will likely become involved to change the existing law:
Quote:
If the Supreme Court does rule with the appellate court, it’s likely the matter would be brought to Congress to force a change in law.
Location: Aylmer (Gatineau) across the river from Ottawa
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Quote:
Originally Posted by macintosh doctor
Wow, it will destroy an already tinkering on failure economy. I hope it does happen so they see the err in their ways.
So everything sold after would be considered black market? Not to mention eBay, amazon, kijiji to name a few would fail.. I always said keeping judges in the Supreme Court until they die is wrong, because they rule as if they are God and have no real world experiences
Not to mention they go senile in the old age and can't be stopped
The case hasn't been ruled on by the Supreme Court yet, just a lower court judge and the U.S. Court of Appeals for the Second Circuit.
Do I understand the article correctly? A college student discovered the publishing company sold the same textbooks for so much less in Thailand that he could have his family buy them there, ship them to the U.S. and resold them on E-bay, profitting 1.2 million dollars?
I can't help but wonder how many books he imported and sold on E-bay to make that sort of money in profit... [Textbook costs in the U.S. are outrageous. My son is in his freshman year and had to pay $165 for a paperback history book. (a very politically correct history book, btw and it had to be the proper edition, the syllabus demanded!)]
I agree and we are lucky to live in a district where my son can attend junior college for "free." (No tuition or fees for two years). His scores on the SAT were very good and he wants to study engineering, but even with his scholarships, the costs were enormous for a four year college. We decided it made more sense to get the associates at junior college and he can save from part-time work to avoid the ridiculous loans.
But get this? The junior college "issued" him a credit card which, if used, will activate his pre-approved student loan. (We destroyed that immediately.) Even though there are no tuition or fees, he is still eligible for a huge student loan! Vultures preying on our kids!
But get this? The junior college "issued" him a credit card which, if used, will activate his pre-approved student loan. (We destroyed that immediately.) Even though there are no tuition or fees, he is still eligible for a huge student loan! Vultures preying on our kids!
amazing.. there is no law for that.. as it is promoted by the crooks..
Glad you caught that..
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