Home Forums Technology DVDs, CDs, Home Movies re-sale illegal in US?

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    • #160090

      I thought this was a really interesting article:
      http://www.marketwatch.com/story/your-right-to-resell-your-own-stuff-is-in-peril-2012-10-04

      The highlights:

      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. . . . .

      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.

    • #221426
      luxcat
      Member

      re-sale illegal in US?

      that is simply absurd.

    • #221427
      Ella
      Member

      re-sale illegal in US?

      Good luck enforcing it. Haha.

    • #221430
      arthelemis
      Member

      re-sale illegal in US?

      Like there is not more important issue around the world… But I’m with Ella on this one. Good luck enforcing it !

    • #221466
      chacha1
      Member

      re-sale illegal in US?

      Functionally impossible to enforce, but “functionality in the real world” is not precisely the driving principle for the current SCOTUS.

    • #221469
      bandicoot
      Member

      re-sale illegal in US?

      i am just gobsmacked.

    • #221472
      pkilmain
      Member

      re-sale illegal in US?

      So will there now be agents whose job assignment will be to attend yard sales, monitor craigslist and ebay? Maybe it’s the new job creation legislation? LOL

    • #221479
      paisley
      Member

      re-sale illegal in US?

      Craziness! (and might I add, a waste of money and resources).

    • #221539
      Jackthetiger
      Member

      re-sale illegal in US?

      This is utterly bizarre. If the copyright owner still “owns” a slice of the product, even though they have been paid for it, then maybe every producer remains partly responsible for their products throughout their life and beyond. Do people who design and manufacture soft drink bottles have a stake in how they are used after sale? Will they share in cleaning up the rubbish island in the Atlantic ocean? I don’t see how they can have it both ways.

    • #221628
      xarcady
      Member

      re-sale illegal in US?

      Color me confused. I thought copyright was for words and music and songs and artwork, not furniture and iPhones. I thought patents covered the more tangible products.

      From the US government FAQ on copyright: “Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”

      Nothing about furniture or electronics there.

      Either the writer of the article was confusing patents and copyright, or the suit covers both patents and copyright, but there’s some major confusion somewhere.

      The actual case involves someone importing textbooks, which were much less expensive in his home country, and selling them at a profit, but still lower in price than the same textbook sold in the US for the US market. Perhaps people are extrapolating a “worst case” scenario that would cover more than books and other copyrighted material.

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