Your right to resell your own stuff is in peril ( Archived) (10)

Oct 7, 2012 7:41 PM CST Your right to resell your own stuff is in peril
intomiltech
intomiltechintomiltechDunlap, Tennessee USA23 Threads 3 Polls 102 Posts
It could become illegal to resell your iPhone 4, car or family antiques



CHICAGO (MarketWatch) — Tucked into the U.S. Supreme Court’s 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.
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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 Inc. AAPL -2.13% has the copyright on the iPhone and Mark Owen has it 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 Band, 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.
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Oct 7, 2012 8:01 PM CST Your right to resell your own stuff is in peril
RayfromUSA
RayfromUSARayfromUSAvienne, Rhone-Alpes France86 Threads 29 Polls 6,611 Posts
Here in France you can't have a garage-sale or sell things at flea markets more than once or twice a year. If you do more than that the tax people will quickly take an interest in you. It doesn't matter that you paid taxes when you bought something. They want to tax it again when you sell it.
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Oct 7, 2012 8:13 PM CST Your right to resell your own stuff is in peril
Let's hope the Supreme Court has enough sense to throw this out. If they don't, one result will be that people will be reluctant to buy non-U.S. products if they intend to sell them later.
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Oct 7, 2012 8:14 PM CST Your right to resell your own stuff is in peril
Complying with such a law would be a nightmare, in itself.
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Oct 7, 2012 8:44 PM CST Your right to resell your own stuff is in peril
Any court that could uphold something as absurd as "Citizens United" is capable of anything.
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Oct 7, 2012 8:59 PM CST Your right to resell your own stuff is in peril
ooby_dooby: Any court that could uphold something as absurd as "Citizens United" is capable of anything.


They upheld the idiotic Nobamanocare. If they can do that, they're capable of anything! You are so right, ooby.
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Oct 7, 2012 9:05 PM CST Your right to resell your own stuff is in peril
galrads
galradsgalradsDublin, Ohio USA2,264 Threads 279 Polls 36,283 Posts
intomiltech: It could become illegal to resell your iPhone 4, car or family antiques



CHICAGO (MarketWatch) — Tucked into the U.S. Supreme Court’s 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.
Enlarge Image
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 Inc. AAPL -2.13% has the copyright on the iPhone and Mark Owen has it 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 Band, 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.


Maybe, This Could lead to buying more made in the USA junk/stuff? dunno
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Oct 8, 2012 4:12 PM CST Your right to resell your own stuff is in peril
intomiltech
intomiltechintomiltechDunlap, Tennessee USA23 Threads 3 Polls 102 Posts
RayfromUSA: Here in France you can't have a garage-sale or sell things at flea markets more than once or twice a year. If you do more than that the tax people will quickly take an interest in you. It doesn't matter that you paid taxes when you bought something. They want to tax it again when you sell it.


so that 75% tax is just not enough??
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Oct 8, 2012 4:13 PM CST Your right to resell your own stuff is in peril
intomiltech
intomiltechintomiltechDunlap, Tennessee USA23 Threads 3 Polls 102 Posts
HuggerMan4U: Complying with such a law would be a nightmare, in itself.


Like ocare would be a nightmare??
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Oct 8, 2012 4:14 PM CST Your right to resell your own stuff is in peril
intomiltech
intomiltechintomiltechDunlap, Tennessee USA23 Threads 3 Polls 102 Posts
galrads: Maybe, This Could lead to buying more made in the USA junk/stuff?


Great idea but try to find anything made in the USA at any store.
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