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Supreme Court to determine legality
of reselling iphones, cars, textbooks

Washington Times, by Tim Devaney

Original Article

Posted By:Pluperfect, 10/27/2012 5:25:18 AM

All eyes will be on Justice Elena Kagan on Monday, when the Supreme Court considers a copyright case that some fear could prevent people from reselling certain products they own such as the iPhone, as she may have the deciding vote. In a case that tests the boundaries of copyright law, merchants and consumers say they have the right to resell what they own, but content creators argue they should be protected from shady deals that undercut retail prices. The case, Kirtsaeng v. John Wiley & Sons, calls into question the first-sale doctrine, a rule in copyright law

  

Post Reply  

Reply 1 - Posted by: TheMotherCO, 10/27/2012 6:04:15 AM     (No. 8966261)

Ridiculous notion - but the supremes are not to be trusted any more, roberts fixed that. Just imagine that you have a car you want to sell, but you have to hunt up someone and pay him a fee - not sure how to put it, but it would kill the sales of many used objects.


Reply 2 - Posted by: WhamDBambam, 10/27/2012 7:06:43 AM     (No. 8966323)

All Roberts did by "saving the legitimacy of the Court" with his Obamacare decision was to shred it further.


   

 

  


 
Reply 3 - Posted by: pineledger, 10/27/2012 7:14:58 AM     (No. 8966344)

Kagan is dangerous.


Reply 4 - Posted by: Phil_hk, 10/27/2012 7:29:36 AM     (No. 8966363)

Watch unemployment rise if they do this. People wll suddenly keep their stuff longer


Reply 5 - Posted by: franq, 10/27/2012 7:31:19 AM     (No. 8966367)

Just finished watching Fiddler on the Roof again. The rich/military and the serfs. A two class society. That's what Hussein and the Democrats want.


Reply 6 - Posted by: Jethro bo, 10/27/2012 8:25:21 AM     (No. 8966481)

First, foremost and always our goobernment's job is to make our lives as miserable as possible. I have no doubt in my mind how swing vote Kagen will vote. THe election isn't enough. We need to do as Jefferson advised so long ago.


Reply 7 - Posted by: southernboy, 10/27/2012 8:41:50 AM     (No. 8966515)

Well, Judge Joe Brown keeps repeating the mantra that
"you don't own the property, you just own the rights to it."
Just the other day he said it was true of any property.
I'm not smart enough to figure out what he's saying, but I just don't like the sound of it.


   

 

  


 
Reply 8 - Posted by: NYbob, 10/27/2012 8:56:33 AM     (No. 8966548)

The big question here is, why do 314 million Americans let 9 politically appointed, lifetime bozos ride roughshod over the Constitution and every, single, God given natural right in our lives? A truly representative, responsive, government would have constrained these activist clowns a long time ago. Some current members would certainly have been impeached for statements or actions they have taken recently. This is NOT where the country was supposed to be and is really our fault for voting in pandering liars who only care about their perks.


Reply 9 - Posted by: vesicant, 10/27/2012 8:58:48 AM     (No. 8966553)

It's not clear whether the issue is things made overseas for the convenience of American brands, and sold with American brand names, or items made in other countries by non-American manufacturers and imported into the US and sold with the foreign names.


Reply 10 - Posted by: NorthernDog, 10/27/2012 8:59:49 AM     (No. 8966556)

I just don't get it. Once you buy something it should be your property, and you should be free to re-sell it, burn it, or just keep it forever.


Reply 11 - Posted by: franq, 10/27/2012 9:16:09 AM     (No. 8966591)

Just think of the bureaucratic bonanza this would bring. A whole new Federal agency to control, license, and oversee sales of used goods. Well, we've got to put people to work doing something.


Reply 12 - Posted by: gasmeterguy, 10/27/2012 9:21:48 AM     (No. 8966602)

Most computer software is not "sold" but "rented".

When you click on the "I agree" button you are bound to never resell that program in most cases.

Microsoft even has a clause that makes you pay them a royalty should you use one of their programs for commerical purposes.

My opinion is, if I buy it, it belongs to me. I will do with it what I wish. If you (the copyright holder) want to maintain control, then don't sell it.


   

 



 
Reply 13 - Posted by: ROLFnader, 10/27/2012 9:46:35 AM     (No. 8966645)

I don't about the rest of you but I sure do sleep soundly knowing that 'Pat' from SNL is the deciding vote on something this monumental.

Lord help us.


Reply 14 - Posted by: mitzi, 10/27/2012 10:07:47 AM     (No. 8966689)

Not to mention, creating an exception to the first-sale doctrine could encourage U.S. manufacturers to close up shop and build their products in other countries – at a time when President Obama continues to pound Republican challenger Mitt Romney for his time with Bain Capital, a company that sent jobs overseas.

The Law of Unintended Consequences will replace the First-Sale Doctrine Copyright Rule.


Reply 15 - Posted by: MDConservative, 10/27/2012 10:48:22 AM     (No. 8966830)

Want to see a real depression, complete with rusty hulks lining streets? This is so absurd, I almost expect SCOTUS to rule that way.


Reply 16 - Posted by: Blackeagle, 10/27/2012 10:54:41 AM     (No. 8966851)

Not sure that any ruling would impact yard sales, the Salvation Army, etc.

The folks being sued are importing items in large quantities and using the first-sale provision as a fig leaf for going around manufacturers attempts at having different prices for different regions. DVDs already use regional coding to prevent such price arbitrage.

What is really at stake is the ability of manufacturers to act as ''discriminating monopolists'' trying maximize profits by setting differing 'optimal' prices for different regions.


Reply 17 - Posted by: LanieLou, 10/27/2012 4:53:07 PM     (No. 8967757)

Think about what has been declared illegal over the last 4 years... no roadside veggie stands, no lemonade stands, etc.; Anything that gov't can't tax or regulate will be illegal if Obama wins. Sharia Law does not allow for individual ownership.


   

 

  


 
Reply 18 - Posted by: Coy860, 10/27/2012 4:59:04 PM     (No. 8967774)

The Constitution says "Life, Liberty and the pursuit of happiness".
I buy it, I own it. Do NOT attempt to take away my liberty.
Term limits, or some other type of checks and balances for the Supremes is necessary.
Or impeachment must be an option. I'm sick of it.


Reply 19 - Posted by: KTWO, 10/27/2012 5:07:49 PM     (No. 8967792)

Why not call any regulation a tax and let government do whatever they like?

Your breathing changes the CO2 balance of the air. And you whiz out polluted water.

Therefore you belong to the EPA and at least 100 other agencies. And don't forget it

Stand by for further orders.

OTOH you will be freed from the age-old burden of fixed gender. You can be male, female, or any combination. A shrink will swear to it and the state will give you a new birth certificate.

And you can change your mind the next day.


Reply 20 - Posted by: ColonialAmerican1623, 10/28/2012 12:21:54 AM     (No. 8968564)

I agree. If I buy something retail, what I do with it is my business. They got their money on the first sale.



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