Skip to comments.Your right to resell your own stuff is in peril
Posted on 10/07/2012 2:48:27 PM PDT by NonValueAdded
CHICAGO (MarketWatch) Tucked into the U.S. Supreme Courts agenda this fall is a little-known case that could upend your ability to resell everything from your grandmothers 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.
Thats 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 marketwatch.com ...
The absurdity grows.
I have always hated the John Wiley Co.
[”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.
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.
What an inherently evil purpose!
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.
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.
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...
Oh, I understand the so-called reasons for it.
It’s just hard being older and remembering America.
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.
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.
FWIW, last time I sold scrap iron I got $200/ton.
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
I'm going through the same thing now. Somedays I just want to go to the bar...
One person commented that this only applies to foreign goods sold in foreign countries.
hum, Do we have any international law experts on FR?
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.
if you own something you can sell it again. period. otherwise you don’t really own it.
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.
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).
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.
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?
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?