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Will SCOTUS make it illegal to resell your stuff?
I┴∀NIW∩˥˥Iʞ
NOT A SHEEPLE
User ID: 123243
10-10-2012 02:25 AM

Posts: 15,634



Post: #1
deal Will SCOTUS make it illegal to resell your stuff?
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If you buy an iPod or a phone, a book or a DVD, it’s currently legal to resell it, as thousands of eBay and Craigslist posts attest.

However, as Jennifer Waters at MarketWatch reports, a little-known case “tucked into the U.S. Supreme Court’s agenda this fall could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.”

Under current law — on the books since 1908 — copyright holders only have control over the first sale, so while I cannot take iPhones straight off the factory line and sell them, I am able to sell a device that I first bought from a retailer.

This, Waters reports, is being challenged:

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.

… The case stems from Supap Kirtsaeng’s college experience. A native of Thailand, Kirtsaeng came to America 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 United States. He then sold them on eBay, making upward of $1.2 million, according to court documents.

Wiley, which admitted that it charged less for books sold abroad than it did in the United States, 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.


There would be serious implications for manufacturers and online giants like Craigslist and eBay were SCOTUS to uphold the ruling. Firstly, it would become an incentive to manufacture overseas so that all resales could then be controlled and charged for by the copyright holder. Secondly, the entire of eBay and Craigslist’s business would be jeopardized. “If sellers had to get permission to peddle their wares on the sites, they likely wouldn’t do it,” Waters notes.

http://www.salon.com/2012/10/08/will_sco...our_stuff/
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Black H@t
Shake & Bake <3
User ID: 100888
10-10-2012 02:29 AM

Posts: 27,176



Post: #2
RE: Will SCOTUS make it illegal to resell your stuff?
Jptdknpa


Your God might be Ya' Way......My God is the Da' Way
[Image: w7g5y8.jpg]
The descendants of your tormentors will come and bow before you.
Those who despised you will kiss your feet. They will call you the
City of the LORD, and Zion of the Holy One of Israel.- Isaiah 60:14
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I┴∀NIW∩˥˥Iʞ
NOT A SHEEPLE
User ID: 123243
10-10-2012 02:33 AM

Posts: 15,634



Post: #3
RE: Will SCOTUS make it illegal to resell your stuff?
Black H@t  Wrote: (10-10-2012 02:29 AM)
Jptdknpa

how is it funny? this could be bad if the right of first sale goes out the window then the people that have a copyright on anything would get a piece of the money if you were to sell something that you bought
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AMPAMPERSAND
Registered User
User ID: 48705
10-10-2012 02:36 AM

Posts: 4,721



Post: #4
RE: Will SCOTUS make it illegal to resell your stuff?
If SCOTUS upholds this, Corpratisms and all of it's fury and greed...are here.

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SwordofGideon
Registered User
User ID: 126477
10-10-2012 02:37 AM

Posts: 4,342



Post: #5
RE: Will SCOTUS make it illegal to resell your stuff?
And the government theirs, in the form of taxes.

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feverpitch
Registered User
User ID: 61600
10-10-2012 02:47 AM

Posts: 3,224



Post: #6
RE: Will SCOTUS make it illegal to resell your stuff?
I┴∀NIW∩˥˥Iʞ  Wrote: (10-10-2012 02:25 AM)
If you buy an iPod or a phone, a book or a DVD, it’s currently legal to resell it, as thousands of eBay and Craigslist posts attest.

However, as Jennifer Waters at MarketWatch reports, a little-known case “tucked into the U.S. Supreme Court’s agenda this fall could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.”

Under current law — on the books since 1908 — copyright holders only have control over the first sale, so while I cannot take iPhones straight off the factory line and sell them, I am able to sell a device that I first bought from a retailer.

This, Waters reports, is being challenged:

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.

… The case stems from Supap Kirtsaeng’s college experience. A native of Thailand, Kirtsaeng came to America 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 United States. He then sold them on eBay, making upward of $1.2 million, according to court documents.

Wiley, which admitted that it charged less for books sold abroad than it did in the United States, 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.


There would be serious implications for manufacturers and online giants like Craigslist and eBay were SCOTUS to uphold the ruling. Firstly, it would become an incentive to manufacture overseas so that all resales could then be controlled and charged for by the copyright holder. Secondly, the entire of eBay and Craigslist’s business would be jeopardized. “If sellers had to get permission to peddle their wares on the sites, they likely wouldn’t do it,” Waters notes.

http://www.salon.com/2012/10/08/will_sco...our_stuff/

Yes, they will. It's an incremental move toward chipping everyone so you can't buy or sell without their OK. SCOTUS is not there to interpret the Constitution anymore. They are there to uphold whatever executive orders come down the pike, regardless of who the President is.

Transdistramifalgum[/align]
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LoP Guest
lop guest
User ID: 122794
10-10-2012 02:49 AM

 



Post: #7
RE: Will SCOTUS make it illegal to resell your stuff?
This is a prime example of media fear mongering. Of course this won't happen
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LoP Guest
lop guest
User ID: 126484
10-10-2012 02:54 AM

 



Post: #8
RE: Will SCOTUS make it illegal to resell your stuff?
THIS would ensure civil unrest.

Once I buy something I have paid for the copyright, assuming there is one. This does NOT apply to clothing or house goods - which do not have a copyright,

Now, what they are trying to strike at is a fair tax / goods tax, etc. ...that is totally different.

If this is upheld by the court - expect consequences and repercussions.

Not from me, but from flea marketers, Craig-listers, resalers, etc.

Already most baby products have been deemed useless due to draconian Consumer Protection laws. In GA, if you use a consignment store in some cities you MUST provide a state issued I.D., etc. f*#k that.
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I┴∀NIW∩˥˥Iʞ
NOT A SHEEPLE
User ID: 123243
10-10-2012 02:58 AM

Posts: 15,634



Post: #9
RE: Will SCOTUS make it illegal to resell your stuff?
LoP Guest  Wrote: (10-10-2012 02:54 AM)
THIS would ensure civil unrest.

Once I buy something I have paid for the copyright, assuming there is one. This does NOT apply to clothing or house goods - which do not have a copyright,

Now, what they are trying to strike at is a fair tax / goods tax, etc. ...that is totally different.

If this is upheld by the court - expect consequences and repercussions.

Not from me, but from flea marketers, Craig-listers, resalers, etc.

Already most baby products have been deemed useless due to draconian Consumer Protection laws. In GA, if you use a consignment store in some cities you MUST provide a state issued I.D., etc. f*#k that.

ebay will die
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SwordofGideon
Registered User
User ID: 126477
10-10-2012 03:08 AM

Posts: 4,342



Post: #10
RE: Will SCOTUS make it illegal to resell your stuff?
I┴∀NIW∩˥˥Iʞ  Wrote: (10-10-2012 02:58 AM)
LoP Guest  Wrote: (10-10-2012 02:54 AM)
THIS would ensure civil unrest.

Once I buy something I have paid for the copyright, assuming there is one. This does NOT apply to clothing or house goods - which do not have a copyright,

Now, what they are trying to strike at is a fair tax / goods tax, etc. ...that is totally different.

If this is upheld by the court - expect consequences and repercussions.

Not from me, but from flea marketers, Craig-listers, resalers, etc.

Already most baby products have been deemed useless due to draconian Consumer Protection laws. In GA, if you use a consignment store in some cities you MUST provide a state issued I.D., etc. f*#k that.

ebay will die

eBay?

Pawn shops.

2nd hand car sales.

Garage sales,

Want ads

Antique stores

Junk yards

Auctions

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feverpitch
Registered User
User ID: 61600
10-10-2012 03:12 AM

Posts: 3,224



Post: #11
RE: Will SCOTUS make it illegal to resell your stuff?
I┴∀NIW∩˥˥Iʞ  Wrote: (10-10-2012 02:58 AM)
LoP Guest  Wrote: (10-10-2012 02:54 AM)
THIS would ensure civil unrest.

Once I buy something I have paid for the copyright, assuming there is one. This does NOT apply to clothing or house goods - which do not have a copyright,

Now, what they are trying to strike at is a fair tax / goods tax, etc. ...that is totally different.

If this is upheld by the court - expect consequences and repercussions.

Not from me, but from flea marketers, Craig-listers, resalers, etc.

Already most baby products have been deemed useless due to draconian Consumer Protection laws. In GA, if you use a consignment store in some cities you MUST provide a state issued I.D., etc. f*#k that.

ebay will die

Ebay
pawn shops
gold buyers
consignment stores
used book stores
flea markets
yard sales
lemonade stands
bake sales
ticket scalping

There are over 15,000 pawn shops in the US and probably that many places that buy and sell gold. So that would put 30,000 small businesses out of business. Not good.

Transdistramifalgum[/align]
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I┴∀NIW∩˥˥Iʞ
NOT A SHEEPLE
User ID: 123243
10-10-2012 03:13 AM

Posts: 15,634



Post: #12
RE: Will SCOTUS make it illegal to resell your stuff?
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.

http://articles.marketwatch.com/2012-10-...wiley-sons
(This post was last modified: 10-10-2012 03:14 AM by I┴∀NIW∩˥˥Iʞ.) Quote this message in a reply
feverpitch
Registered User
User ID: 61600
10-10-2012 03:14 AM

Posts: 3,224



Post: #13
RE: Will SCOTUS make it illegal to resell your stuff?
SwordofGideon  Wrote: (10-10-2012 03:08 AM)
I┴∀NIW∩˥˥Iʞ  Wrote: (10-10-2012 02:58 AM)
LoP Guest  Wrote: (10-10-2012 02:54 AM)
THIS would ensure civil unrest.

Once I buy something I have paid for the copyright, assuming there is one. This does NOT apply to clothing or house goods - which do not have a copyright,

Now, what they are trying to strike at is a fair tax / goods tax, etc. ...that is totally different.

If this is upheld by the court - expect consequences and repercussions.

Not from me, but from flea marketers, Craig-listers, resalers, etc.

Already most baby products have been deemed useless due to draconian Consumer Protection laws. In GA, if you use a consignment store in some cities you MUST provide a state issued I.D., etc. f*#k that.

ebay will die

eBay?

Pawn shops.

2nd hand car sales.

Garage sales,

Want ads

Antique stores

Junk yards

Auctions

Great minds.......you just beat me to it.

Transdistramifalgum[/align]
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LoP Guest
lop guest
User ID: 124128
10-10-2012 03:14 AM

 



Post: #14
RE: Will SCOTUS make it illegal to resell your stuff?
Barter. It's more difficult but so what. The morons are trying to micromanage our lives.
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Twatwaffle
lop guest
User ID: 126382
10-10-2012 03:15 AM

 



Post: #15
RE: Will SCOTUS make it illegal to resell your stuff?
Some more entities negatively impacted if upheld:

Churches
Charities
Public Libraries (book drives, etc)
Computer Recyclers - Repurposers
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