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Say goodbye to yard sales?

Posts: 259
Reputable Member
Topic starter

Interesting piece of news which you probably won't hear about on the MSM:


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.
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 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.

Posted : October 11, 2012 1:48 pm
Posts: 259
Reputable Member
Topic starter

-- moved topic --

Posted : October 11, 2012 4:01 pm
Posts: 12366
Illustrious Member

I doubt very seriously that will ever happen.
If it does, people will simply stop buying things made overseas, which is a good thing.
A very simple solution is not to purchase any product whose copyright holder will not relinquish the rights to a resale at the time of purchase.
That will affect their bottom line.

Do we really need all this cheap stuff made in China? I already do my best not to buy products "made in China" nor do I like purchasing Tilapia from Vietnam. Jeez, how old it that stuff anyway and why is it even being sold here in the VI?

What about cars? Are they going to stop you trading in your Toyota, Mercedes, or Volkswagen, etc.?
Not if it impacts their sales.

Posted : October 11, 2012 5:49 pm
Posts: 191
Estimable Member

and who in US do they think would bother enforcing it?

Posted : October 11, 2012 8:36 pm
Posts: 1037
Noble Member

this will happen when money is only electronic and as far as not being enforced, people are in prison for selling raw milk and growing vegetables in their front yard. Somebody will do it.

Posted : October 11, 2012 11:40 pm
Posts: 259
Reputable Member
Topic starter

this will happen when money is only electronic and as far as not being enforced, people are in prison for selling raw milk and growing vegetables in their front yard. Somebody will do it.

Yup...people also in prison for collecting rain water off their roofs in some States...the government wants to own the rain.

Those who keep saying "nothing will happen" are in for some unpleasant surprises...they act like TSA would never dream of making an 86-year old woman remove her adult diaper, for example. There will always be people who can be paid to enforce anything.

Posted : October 12, 2012 7:02 am
Posts: 2473
Noble Member

Time to consider a change?

Socialism or Capitalism?

Posted : October 13, 2012 7:24 pm
Posts: 1
New Member

If you want to sell your belongings, you are competing with business-people. The government and the cops work for the business-people. The first thing they do is try to make us feel that we are being "allowed" to do something - Even though common sense, tradition, and civil rights would all suggest the "authorities" have no role in the matter at all. Then, they want you to feel that You are not the problem; it's that 5% who are the Bad Apples, and They are the reason the police need to "regulate" it. So, they begin the harassment and intimidation. Restrictions on days of the week or month, time of day, number of days per year allowed, zoning, noise, parking - And signs. Always there's trouble about signs.

Best solution is to confine the public to an Organized Venue - Like a Swap Meet. Which is to say, Privatize the public's access to their rights. Here in San Diego, you have to go through a lot of grief and labor to sell your junk at some swap meet. Maybe they still require people to pay the state sales tax on what you sell - They did years ago when I last did that. And, the cost of the stalls can wipe out the little money you made selling old clothes and a saucepan.

I suppose you see that garage/yard sales are in competition with the corporate swap meets that use the sports stadiums and such.

But, you can't have a swap meet without a permit, insurance, security, city planning for traffic and so on. So, it's usually not something you can organize on a community level.

However, in some other less Privatized nations, people just set up tables and stalls in front of their houses and have "Flea Markets" - I think they still can. Not sure.

Posted : October 25, 2012 3:17 am
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