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Your right to resell your
own stuff is in peril

Wall Street Journal MarketWatch, by Jennifer Waters

Original Article

Posted By:SoCalGal, 10/7/2012 7:09:36 PM

CHICAGO — 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. (Snip)That’s being challenged now for products that are made abroad,

Comments:
Buy American.

  

Post Reply  

Reply 1 - Posted by: earlybird, 10/7/2012 7:13:37 PM     (No. 8916597)

I find it hard to believe that Wiley will prevail.


Reply 2 - Posted by: whyyeseyec, 10/7/2012 7:13:54 PM     (No. 8916598)

You want my car back here it is. Fix the brakes yourself.....


   

 

  


 
Reply 3 - Posted by: Photoonist, 10/7/2012 7:20:10 PM     (No. 8916604)

As people like Jerry Doyle have said, Have you seen my country lately? I would think that the student has freedom to sell under US laws BUT would run into a surcharge and legal problems for importing items to sell without a license because he wasn't selling personal belongings.


Reply 4 - Posted by: NorthernDog, 10/7/2012 7:24:28 PM     (No. 8916613)

This is absurd. As the article points out there would be a huge advantage to manufacture overseas if the copyright holder can then control all downstream sales.
In all likelihood it would create a huge underground market for re-selling items.


Reply 5 - Posted by: Robinsolana, 10/7/2012 7:26:32 PM     (No. 8916615)

I guess you are only renting things.
Talk about stuck on stupid.


Reply 6 - Posted by: thelmalou, 10/7/2012 7:35:10 PM     (No. 8916628)

Yes, #1, I would have thought so, too, before Kelo and then the ObamaCare decisions. :sigh:


Reply 7 - Posted by: ManitouMan, 10/7/2012 7:53:47 PM     (No. 8916668)

"Fly in the ointment" doesn't come close to defining what The Vacuous Supremist Roberts has become.

There is no sanctuary LEFT in SCOTUS.


   

 

  


 
Reply 8 - Posted by: fireman28, 10/7/2012 8:12:25 PM     (No. 8916694)

There are 50 yard sale signs on a long street near my neighborhood.

Will the copyright police take them all down and clean up the street?

May work for me.


As they say - you can't make this up.
Too many lawyers.


Reply 9 - Posted by: Phil_hk, 10/7/2012 8:18:46 PM     (No. 8916714)

The simple result of this that people will not buy new things


Reply 10 - Posted by: GOPSecretary, 10/7/2012 8:32:30 PM     (No. 8916734)

I am in the process of moving and have made multiple trips to Goodwill because I already live under this rule in the form of a HOA that forbids yard sales. Now,under this rule, what would happen to Goodwiil?


Reply 11 - Posted by: LanieLou, 10/7/2012 8:40:00 PM     (No. 8916747)

Corner lemonade and fruit stands have been shut down by the Obama Socialist doctrines... This stinks like a Socialist attempt to shut down any commerce not controlled, ie., taxed by gov't.


Reply 12 - Posted by: SoCalGal, 10/7/2012 8:42:03 PM     (No. 8916749)

As I recall Moochelle specialized in copyright and intellectual property law during the fifteen minutes that she was a Chicago lawyer.


   

 



 
Reply 13 - Posted by: fayebeck, 10/7/2012 8:57:08 PM     (No. 8916764)

#10 I thought same thing. Say I donate my stuff to Goodwill. Would I be allowed a tax deduction? If I can't sell my stuff then how can a value be put on it? Also, will Goodwill be allowed to sell stuff that I can't? Justice Roberts can figure it out I suppose.


Reply 14 - Posted by: liberty316, 10/7/2012 9:04:06 PM     (No. 8916777)

Whatever any court or congress decides, if it doesn't go the right way- i.e. the way it is now - we just ignore them and do what we we've always done. I'm sick of having more and more of my freedoms trampled upon. If you aren't armed, you need to be.


Reply 15 - Posted by: KimoSaavy, 10/7/2012 9:06:21 PM     (No. 8916783)

It's almost like there is someone sitting in an ivory tower coming up with ideas to rabble rouse the people.

First we didn't build that. Now we didn't own that either. I have the perfect solution. Buy consumables items only. No more TV, computers, cameras, you name it. Keep what you have and buy nothing else. Businesses will cry uncle and force manufactures to circumvent the law by including a built in license for you to sell the item when you tire of it. I think it's possible to get the 47% to get on board with this one.

And if a text is $50, it is $50 worldwide. John Wiley should be class action sued for price fixing. And they will become very famous meaning, their company is dead if this goes through.


Reply 16 - Posted by: TexasAllTheWay, 10/7/2012 9:07:20 PM     (No. 8916785)

I live in a neighborhood that along with us "oldsters", many lower income people live. They live for garage sales to clothe their families, as well as decorate the house, and this would not bode well for them at all. They can get some great buys; I have sold some really nice items, and to me in Texas, this is NOT the American way! We help our friends and neighbors as best we can.


Reply 17 - Posted by: Patchy groundfog, 10/7/2012 9:11:46 PM     (No. 8916804)

It's scary that these cases are filed. It's scary that courts rule in favor of the plaintiff. Most of all, it scary that our government employs people who would willingly try to enforce such a law.


   

 

  


 
Reply 18 - Posted by: bob913, 10/7/2012 9:18:21 PM     (No. 8916821)

We all know now! that John Roberts will vote against the people and state we the people own nothing.


Reply 19 - Posted by: Charactercounts, 10/7/2012 9:30:59 PM     (No. 8916850)

#15, so this means that Wiley charges what the market will bear--we "rich" Americans can afford to buy a $200 text book for a class, but the folks in Thailand can't, so charge them $20?

If the Supreme Court rules against our ability to resell our goods, we don't own them, we're merely renters or caretakers. Well, if I don't own it, why should I use my money to "buy" it in the first place?


Reply 20 - Posted by: ColonialAmerican1623, 10/7/2012 10:50:59 PM     (No. 8917023)

After reading the article, it seems drug companies that sell identical drugs to Canada for less than the US has a problem.

Sue the guy that made over a million and leave the rest of US alone. Not only would Goodwill and thrift shops have a problem, but every pawn shop in America.

Will we ever get pass this nonsense ?


Reply 21 - Posted by: Trigger2, 10/8/2012 8:05:50 AM     (No. 8917436)

Black market here we come....


Reply 22 - Posted by: privateer, 10/8/2012 12:20:55 PM     (No. 8918101)

If when we buy things, we do not own---but merely RENT them---shouldn't we then be entitled to a tax deduction for everything we buy that will not be eaten, applied (like house paint or lawn fertilizer) or consumed?


   

 



 

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