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Upcoming Supreme Court Ruling: Illegal to Sell Your Stuff?

Discussion in 'General Discussion' started by Quigley_Sharps, Oct 9, 2012.

  1. Quigley_Sharps

    Quigley_Sharps The Badministrator Administrator Founding Member

    Your right to resell your own stuff is in peril

    Jennifer Waters's Consumer Confidential

    It could become illegal to resell your iPhone 4, car or family antiques
    October 04, 2012|Jennifer Waters, MarketWatch
      • t

    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.
    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.
    “It means that it’s harder for consumers to buy used products and harder for them to sell them,” said Jonathan Bland, an adjunct professor at Georgetown University Law Center, who filed a friend-of-the-court brief on behalf of the American Library Association, the Association of College and Research Libraries and the Association for Research Libraries. “This has huge consumer impact on all consumer groups.”
    Another likely result is that it would hit you financially because the copyright holder would now want a piece of that sale.
    It could be your personal electronic devices or the family jewels that have been passed down from your great-grandparents who immigrated from Spain. It could be a book that was written by an American writer but printed and bound overseas or an Italian painter’s artwork.
    It has implications for a variety of wide-ranging U.S. entities including libraries, musicians, museums and even resale juggernauts eBay and Craigslist. U.S. libraries, for example, carry some 200 million books from foreign publishers.
    “It would be absurd to say anything manufactured abroad can’t be bought or sold here,” said Marvin Ammori, a First Amendment lawyer and Schwartz Fellow at the New American Foundation who specializes in technology issues.
    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.
  2. CATO

    CATO Monkey+++

    F them. That's govt. for you....creating an increasing class of criminals since 1933.

    All they're going to do is create a new black market....because, what they really want is the taxes from the sale....again.

    Time for a reset....flush it, the Congress bowl is full of human excrement.
  3. Gator 45/70

    Gator 45/70 Monkey+++

    I see underground flea market and garage sale rave's in the near future...
    I mean where else can a woman buy $300.00 shoes for 10 buck's...?
  4. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    This stinks like the resale royalty law of the UK and every other bureaucratic means to jam their foot into the door to tax and profit at will.

    If they pass it, then it's one more brick in the wall. Like it was already stated, the need to buy from the black market would climb --prompting additional agents in the field, more arrests and more "criminals" to throw in our overcrowded prisons.
  5. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    Well, I'm pretty sure that it isn't going to happen. If it does you can kiss eBay, Craigslist, and just about every other online venue including out own market place buhbye!

    Methinks eBay has a lot to loose and are probably backing up anyone's right to sell their crap. erm, I mean gently used items.

    The publisher shouldn't get so huffy. If they didn't gouge they'd probably have higher sales anyways. The market will always find a way to compete.
    Brokor likes this.
  6. oldawg

    oldawg Monkey+++

    HEY TAXMAN. TAX THIS![finger]Won't change much about the way I buy and sell just a little lower profile.
  7. Ajax

    Ajax Monkey++

    When are they "ruling" on this? I can't imagine this passing. It would further kill the economy a lot of Ebay and online sales would be affected. Even Costo and places like that would be affected.
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