Say goodbye to yard sales?  

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Posts: 257
Advanced Member
Joined: 8 years ago

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.

7 Replies
Posts: 257
Advanced Member
Joined: 8 years ago

-- moved topic --

Posts: 12153
Joined: 7 years ago

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.

Posts: 191
Advanced Member
Joined: 12 years ago

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

Posts: 1037
Trusted Member
Joined: 8 years ago

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.

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