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Your right to resell your own stuff is in peril
MarketWatch ^ | 04 Oct 2012 | Jennifer Waters

Posted on 10/07/2012 2:48:27 PM PDT by NonValueAdded

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.


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.

(Excerpt) Read more at ...

TOPICS: Business/Economy; Foreign Affairs; News/Current Events
KEYWORDS: copyright; scotus; scotuscopyright; scotussellstuff; sellstuff
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To: NonValueAdded

The absurdity grows.

I have always hated the John Wiley Co.

21 posted on 10/07/2012 3:49:54 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: JRandomFreeper

[”Psst, buddy, wanna buy a college textbook?”]

When I was in school many years ago it was often possible to buy books from other students. Before the beginning of the semester students would set a time and location on campus where you could trade books. The retail prices in the book store would be outrageous.

22 posted on 10/07/2012 4:02:19 PM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: tet68
Here in Ga. scrap metal dealers are now asking for photo ID. in order to buy YOUR scrap.

That's 'cause here in Detroit, they're ripping the aluminum siding off other peoples' houses and ripping out all the copper wire to sell to the scrap dealers.

23 posted on 10/07/2012 4:05:56 PM PDT by FateAmenableToChange
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To: ctdonath2
He wasn’t buying individual books for his own use and then reselling them, he was buying by the case with the intent to immediately resell for profit.

What an inherently evil purpose!

24 posted on 10/07/2012 4:08:16 PM PDT by glorgau
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To: NonValueAdded

Maybe they could use the automobile import model and apply it to books.

Every book manufactured or sold abroad that is intended to be imported into the United States would have a unique identifier number (equivalent to a VIN) stamped indelibly on the spine and hidden in several other locations within the book, and would be produced in strict compliance with a number of unique and obscure regulations and requirements for paper thickness, durability and tear strength, alignment of text, font selection, etc.

Examples of each book intended for sale in the US would then be inspected and rigorously tested to ensure compliance.

Then and only then would a block of the identifier numbers be issued by the US government - for a specific title and edition of a book allowing those and only those books displaying an identifier number within the range of numbers as issued to be imported into the United States.

Customs would be given enforcement rights to confiscate and destroy any non-compliant goods.

That ought to get the problem under control.

It sure worked to ensure that if you want to buy a Mercedes in the United States, you had best go through the licensed dealer.

25 posted on 10/07/2012 4:21:15 PM PDT by John Valentine (Deep in the Heart of Texas)
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To: tet68

Because thieves are stealing the innards if air conditioners, cutting [pieces of iron fence, and in Western Pennsylvania three guys tried to cut apart and steal a railroad trestle.

Buyers of scrap metal can get into just as much hot water as a pawn shop buying stolen watches.

26 posted on 10/07/2012 4:21:17 PM PDT by Emperor Palpatine ("On the ascent of Olympus, what's a botched bar or two?" -Artur Schnabel)
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To: WKUHilltopper

Yep and they can scan your house for heat and know how many people are in there, no hiding from the all powerful big brother unless you have a bomb shelter underground...

27 posted on 10/07/2012 4:24:26 PM PDT by goat granny
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To: Emperor Palpatine

Oh, I understand the so-called reasons for it.
It’s just hard being older and remembering America.

28 posted on 10/07/2012 4:29:40 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: tet68

I don’t know about SC but I have a scrap engine that is intact but no one wants that I need to get out of a building.

Plenty of cast iron in that old 345 IH.

I heard that old engines are worth slightly more if broken down not that I believe there would be any great amount of money.

29 posted on 10/07/2012 4:34:56 PM PDT by wally_bert (There are no winners in a game of losers. I'm Tommy Joyce, welcome to the Oriental Lounge.)
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To: Emperor Palpatine
Because thieves are stealing the innards if air conditioners, cutting [pieces of iron fence, and in Western Pennsylvania three guys tried to cut apart and steal a railroad trestle

A long time ago the Army left three Armored Personnel Carriers up at Camp Grayling, Michigan. These old, mostly aluminum, vehicles were being used as targets.

When the units returned to do more live fire exercises some one had stolen two whole APC's and had cut the third in two and taken half.

30 posted on 10/07/2012 5:02:45 PM PDT by OldMissileer
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To: wally_bert

FWIW, last time I sold scrap iron I got $200/ton.

31 posted on 10/07/2012 5:20:41 PM PDT by Clay Moore (The heart of the wise inclines to the right, but the heart of a fool to the left. Ecclesiastes 10:2)
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To: Brad from Tennessee

I paid for a year’s tuition by selling course materials packages for materials unavailable at the campus bookstore. The prof ordered the books through the ‘proper channels’, only to be told that his order got lost and that the bookstore couldn’t have his semester books available to the students who needed them.

So I made a master copy of all the readings by signing out the books from the library and photocopying them. Then I took the master copy, and made prints for the entire class. Cost, about 5 per copy not including my time, which was a solid weekend. Resold at 50 per copy (about 1/4 the retail price). Investment - 500 dollars. Return, 5k.

Textbooks are a massive scam. Good on the student for

32 posted on 10/07/2012 5:21:36 PM PDT by JCBreckenridge (Texas, Texas, Whisky)
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To: tet68
"It’s just hard being older and remembering America."

I'm going through the same thing now. Somedays I just want to go to the bar...

The Kenyan must go.

33 posted on 10/07/2012 5:22:41 PM PDT by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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To: NonValueAdded

Holy smokes.
One person commented that this only applies to foreign goods sold in foreign countries.
hum, Do we have any international law experts on FR?
Hope so.
However, how would something like this be enforced.
I mean really the “resale” police would peruse neighborhoods looking for grandma and grandpa selling their stuff in a garage sale, and arrest them.

34 posted on 10/07/2012 5:30:47 PM PDT by svcw (Why is one cell on another planet considered life, and in the womb it is not.)
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To: NonValueAdded

if you own something you can sell it again. period. otherwise you don’t really own it.

35 posted on 10/07/2012 5:35:00 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: tet68
Receiving stolen property is a crime.

Even though the scrap dealers probably would not be arrested they would be out the purchased scrap and the money they paid the crooks.

The scrap dealers are just trying to protect themselves.

If a scrap dealer is caught frequently buying stolen property they will eventually be arrested and prosecuted.

36 posted on 10/07/2012 5:39:34 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: DBrow

You can import anything you can buy if it isn’t restricted. Certain items you may pay a duty to import. Usually the issue is that it isn’t profitable to import. For instance, if the quantity is too small to overcome freight cost. But, if you can import direct and cut out a middleman markup then sometimes you can make money. You can also avoid having to have a customs broker and be an importer if you have family shipping direct (Air freight via DHL for instance).

37 posted on 10/07/2012 5:45:58 PM PDT by visualops (
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To: livius

It just hasn’t kept up with the technology.

I am a photographer. I used to sell prints. Now folks want digital copies of the original files. They can make multiple copies, all of identical quality.

I have had to change my sales policies and structures to maintain an average profit per sale. Most folks are OK with the structure, but every once in a while I get someone who just doesn’t get it...and that is a pain in the butt.

Since I work for college athletic departments, I am getting close to jacking up their prices and giving up being authorized to sell to athletes and their parents.

38 posted on 10/07/2012 5:50:18 PM PDT by Vermont Lt (I am NOT from Vermont. I am from MA. And I don't support Romney. Please read before "assuming.")
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To: OldMissileer
Don't worry, the brilliant conservative chief justice John Roberts will save the ruling at the last possible moment. Proclaiming that this is actually a tax due to be paid that is uncollectible and therefore all the lowly ebayers & etc will simply be required to donate their first born sons to John Roberts forevermore. This tax will be enforced by the IRS so that will make it seem really easy to we the unwashed masses so no further discussion will we be burdened with regarding this matter.

There. I know I feel better now. How bout you?

Thank goodness the SCOTUS is so fair and so smart! Where would we be without them?

39 posted on 10/07/2012 5:50:34 PM PDT by WhoisAlanGreenspan?
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To: Vermont Lt; Jacquerie
Don't mind me, I've got this sore spot I've been trying to work through. I picture Justice Scalia going along to get along unfortunately. Prove me wrong! He's in charge of three or four chairs on a sinking ship and he knows that. A pretty smart cookie he's just biding his time. No real reason to make his own life difficult.

He can preach to us all he likes. He can't change a single vote in our favor however. Exactly, what is he good for?

40 posted on 10/07/2012 6:08:36 PM PDT by WhoisAlanGreenspan?
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