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Lsut81 
LSU Fan
Member since Jun 2005
54810 posts
| Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 7:18 pm)
This would be fricking ridiculous....
quote:
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.
A Supreme Court case could limit the resale of goods made overseas but sold in America.
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. AAPL -2.13% 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.”
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This post was edited on 10/7 at 7:20 pm
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MFn GIMP
LSU Fan
Somerset, Kentucky
Member since Feb 2011
6949 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 7:19 pm to Lsut81)
quote:
This would be fricking ridiculous....
Well considering John Roberts did mental gymnastics to say that the government can force you to buy a private product I wouldn't be shocked if he does the same here to say you can't sell your own private possessions.
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slim thug
Member since Apr 2010
8004 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 7:23 pm to MFn GIMP)
i disagree
john roberts did mental gymnastics in order to achieve the big picture goal of not reversing obamacare in an election year and effectively making the court a political body
for the same broad reasons of the absurd consequences if the appellate court ruing is upheld, he (the Court) will overrule the appellate court
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Lsut81
LSU Fan
Member since Jun 2005
54810 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 7:23 pm to MFn GIMP)
quote:
I wouldn't be shocked if he does the same here to say you can't sell your own private possessions.
Do you realize how much of a clusterfrick that would cause? If they actually tried to enforce it, the court system would grind to a halt. Courts would spend 75% of their time dealing with these types of cases.
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mtntiger
LSU Fan
Asheville, NC
Member since Oct 2003
7722 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 7:23 pm to Lsut81)
What would be next? Needing permission from a network before I DVR a program I won't be able to watch live?
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bunky
LSU Fan
FREE EL GUACHO
Member since Jul 2011
4335 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 7:43 pm to Lsut81)
No chance that shite stands.
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udtiger
LSU Fan
Louisiana
Member since Nov 2006
17963 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 7:55 pm to slim thug)
Slim thug
Sorry, but his concern for the Court's "reputation" resulted in one of the biggest constituional ass-rapes in US history.
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slim thug
Member since Apr 2010
8004 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 7:56 pm to udtiger)
i agree that he did some serious gymnastics
i dont think it was the calamity you're saying it was because he didnt expand commerce clause power
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udtiger
LSU Fan
Louisiana
Member since Nov 2006
17963 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 8:09 pm to slim thug)
He did worse...he turned the taxing power into an unlimited power. With Lopez and Morrison, there was at least a limit to the Commerce Clause power.
The bull shite justification that Congress would have to face the voters is just that, bull shite.
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TIGERSandFROGS 
TCU Fan
Member since Jul 2007
3168 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 8:30 pm to Lsut81)
It seems like this would be a good impetus for buying of domestically produced products, right?
Would this apply to foreign-made cars?
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Junky 
Louisiana Tech Fan
Louisiana
Member since Oct 2005
1843 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 8:39 pm to TIGERSandFROGS)
What does the meaning of private property even mean anymore if this went to the Supreme Court?
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fleaux
LSU Fan
section 0
Member since Aug 2012
1734 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 9:08 pm to Junky)
no more garage sales
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TN Bhoy 
USA Fan
Philly
Member since Apr 2010
33584 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 9:19 pm to Lsut81)
ebay, Amazon, and every car dealership with used cars would die a horrible death.
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Gmorgan4982
LSU Fan
Hattiesburg, Miss.
Member since May 2005
89785 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 9:20 pm to Lsut81)
Gee, who knew voting for a bunch of criminals would result in this becoming an issue? 
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miamitiger
LSU Fan
Member since Aug 2011
461 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 9:44 pm to Lsut81)
Even if this does not pass its scary people want stuff like thiss into law and will keep trying
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Interception
Providence Fan
Member since Nov 2008
8563 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 9:48 pm to Lsut81)
Good luck enforcing that shite. If this becomes law, people will simply ignore it because its simply not enforceable.
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buddhavista
Member since Jul 2012
3543 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 10:10 pm to Gmorgan4982)
quote:
Gee, who knew voting for a bunch of criminals would result in this becoming an issue?
Exactly, its a "stimulus", think how good the car industry rebounds! They would probably ban recycling too
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Jim Rockford
LSU Fan
Member since May 2011
23182 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/7/12 at 11:48 pm to mtntiger)
quote:
What would be next? Needing permission from a network before I DVR a program I won't be able to watch live?
Don't give them any ideas.
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rmcc316 
Air Force Fan
Tralfamadore
Member since Feb 2004
43266 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/8/12 at 12:02 am to Lsut81)
i hope this goes through.
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miamitiger
LSU Fan
Member since Aug 2011
461 posts
| re: Americans soon barred to resell possessions? (USSC) (Posted on 10/8/12 at 6:46 am to Lsut81)
Even if this does not pass its scary people want stuff like thiss into law and will keep trying
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