Your right to resell your own stuff is in peril - AVS Forum
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post #1 of 2 Old 10-07-2012, 07:42 PM - Thread Starter
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This isn't religion or politics and falls under Law so I hope the Mods forgive me if Law cases aren't allowed.

This can affect all of us who sell electronics via the classifieds here and everywhere.

Thanks

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Jennifer Waters's Consumer Confidential Archives | Email alerts

Oct. 7, 2012, 2:00 p.m. EDT · CORRECTED

Your right to resell your own stuff is in peril
It could become illegal to resell your iPhone 4, car or family antiques

By Jennifer Waters, MarketWatch
This update corrects the spelling of Georgetown Law School’s Jonathan Band.

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. /quotes/zigman/68270/quotes/nls/aapl 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.

A Supreme Court case could limit the resale of goods made overseas but sold in America.

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.

It could be your personal electronic devices or the family jewels that have been passed down from your great-grandparents who immigrated from Spain. It could be a book that was written by an American writer but printed and bound overseas, or an Italian painter’s artwork.

There are implications for a variety of wide-ranging U.S. entities, including libraries, musicians, museums and even resale juggernauts eBay Inc. /quotes/zigman/76117/quotes/nls/ebay EBAY -1.54% and Craigslist. U.S. libraries, for example, carry some 200 million books from foreign publishers.

“It would be absurd to say anything manufactured abroad can’t be bought or sold here,” said Marvin Ammori, a First Amendment lawyer and Schwartz Fellow at the New American Foundation who specializes in technology issues.

The case stems from Supap Kirtsaeng’s college experience. A native of Thailand, Kirtsaeng came to America in 1997 to study at Cornell University. When he discovered that his textbooks, produced by Wiley, were substantially cheaper to buy in Thailand than they were in Ithaca, N.Y., he rallied his Thai relatives to buy the books and ship them to him in the United States.
He then sold them on eBay, making upward of $1.2 million, according to court documents.

Wiley, which admitted that it charged less for books sold abroad than it did in the United States, sued him for copyright infringement. Kirtsaeng countered with the first-sale doctrine.

http://www.marketwatch.com/story/your-right-to-resell-your-own-stuff-is-in-peril-2012-10-04

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post #2 of 2 Old 10-08-2012, 04:26 AM
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Hurray let's crush the entrepreneurial spirit further, cuz no one but the major corporations should make money. This action is called arbitrage and all Wiley has to do is raise prices in its overseas markets to stop it! It's the same with blu-rays in the uk they are way cheaper most of the time, even with shipping but there isn't a huge market for blu rays like there is text books on a campus.

Seriously though is this the end of garage sales? Will Police raid swap meets and flea markets? Or will this just be to protect recent goods from arbitrage? They could put a time limit on it ofa few years but that spells bad news for frugal students everywhere

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