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Lsut81
USA Fan
Member since Jun 2005
66235 posts

Americans soon barred to resell possessions? (USSC)

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



MFn GIMP
LSU Fan
Member since Feb 2011
8993 posts

re: Americans soon barred to resell possessions? (USSC)
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.


slim thug
Member since Apr 2010
8004 posts

re: Americans soon barred to resell possessions? (USSC)
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


Lsut81
USA Fan
Member since Jun 2005
66235 posts

re: Americans soon barred to resell possessions? (USSC)
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
9886 posts

re: Americans soon barred to resell possessions? (USSC)
What would be next? Needing permission from a network before I DVR a program I won't be able to watch live?


bunky
LSU Fan
Portland, Ore.
Member since Jul 2011
4497 posts

re: Americans soon barred to resell possessions? (USSC)
No chance that shite stands.


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udtiger
LSU Fan
Louisiana
Member since Nov 2006
30317 posts
Online

re: Americans soon barred to resell possessions? (USSC)
Slim thug

Sorry, but his concern for the Court's "reputation" resulted in one of the biggest constituional ass-rapes in US history.


slim thug
Member since Apr 2010
8004 posts

re: Americans soon barred to resell possessions? (USSC)
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



udtiger
LSU Fan
Louisiana
Member since Nov 2006
30317 posts
Online

re: Americans soon barred to resell possessions? (USSC)
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
3519 posts

re: Americans soon barred to resell possessions? (USSC)
It seems like this would be a good impetus for buying of domestically produced products, right?


Would this apply to foreign-made cars?


Junky
Louisiana Tech Fan
Louisiana
Member since Oct 2005
2249 posts

re: Americans soon barred to resell possessions? (USSC)
What does the meaning of private property even mean anymore if this went to the Supreme Court?


fleaux
LSU Fan
section 0
Member since Aug 2012
8657 posts

re: Americans soon barred to resell possessions? (USSC)
no more garage sales


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TN Bhoy
USA Fan
Sketty, Wales
Member since Apr 2010
49245 posts

re: Americans soon barred to resell possessions? (USSC)
ebay, Amazon, and every car dealership with used cars would die a horrible death.


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Gmorgan4982
Member since May 2005
101746 posts

re: Americans soon barred to resell possessions? (USSC)
Gee, who knew voting for a bunch of criminals would result in this becoming an issue?


miamitiger
LSU Fan
Member since Aug 2011
994 posts

re: Americans soon barred to resell possessions? (USSC)
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
11089 posts

re: Americans soon barred to resell possessions? (USSC)
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)
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
42864 posts

re: Americans soon barred to resell possessions? (USSC)
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
Iona Fan
Airstrip One
Member since Feb 2004
43727 posts

re: Americans soon barred to resell possessions? (USSC)
i hope this goes through.


miamitiger
LSU Fan
Member since Aug 2011
994 posts

re: Americans soon barred to resell possessions? (USSC)
Even if this does not pass its scary people want stuff like thiss into law and will keep trying


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