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 ...
Kind of funny, I remember in 1985 for college, I spent like $170 for books. When we got a new president, he issued an edict that textbooks had to be changed out every year and I ended up spending like $400. Plus no used book market either. He came from the East Coast.
> Textbooks are a massive scam. Good on the student for
Here in Ga. scrap metal dealers are now asking for
photo ID. in order to buy YOUR scrap.
That’s because criminals, many of them illegal immigrants, are ripping out electrical wiring, copper plumbing, memorial plaques, anything that can be melted down.
Scrap dealers are going to have to operate according to pawn shop rules if they don’t want to be fencing stolen goods.
Sell the books in the USA for the same price as in Thailand
Discount in other markets at your peril
An Entrepreneur will find a niche for profit
BTW, Academic books are WAY overpriced
Depending on a captive sales audience
who has no access to competitive pricing
Free market mechanisms are not accessible to students
What I find interesting is that we are sitting here considering whether he broke the law or not and what he would have to do to be legal or what his defense should be to say that it was legal.
What we are failing to discuss in any depth is whether this is a good law or a bad one that should be repealed.
I’m not in favor of anything goes anarchy, but it does seem that we have too many crippling laws and regulations. The question we need to be asking is: Does this law benefit our country? If it only benefits a few existing businesses by protecting them from competition, or if it benefits foreign countries at our expense, then we need to repeal it.
Put it on CL. there are a TON of IH collectors that will want it to rebuild.
Quoting Jacquerie If we win Congress and the Presidency, I intend to weekly remind my fellow Freepers to spend less time ranting to the choir, and instead become a penpal, wanted or not, with our congressional delegations.
We stomped on Bush over Amnesty, and if bolstered with more Tea Party Congressmen/Senators next month, there is no reason we cannot tidal wave them with demands for conservative reform.
It's really our only hope. With some momentum in our direction maybe we can influence the squeeshie middle men like Roberts and Kennedy and restore some hope of a higher court that adheres to written law beholden to the Constitution.
Unenforceable laws are just the beginning of what you and I know is a slippery slope. FIGHT like your freedom depends on it because it does.
“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)”
But but but, aren’t those books for the Asian market printed so that you have to read them from right to left ? -sarc
That would curtail the re-sale market in the USA.
“this only applies to foreign goods sold in foreign countries.”
Does this mean I can’t cash in on my aunt’s Hummel figurine collection? I’m Doomed Doomed I tell you.
There's a lot for a free market advocate to chew on here. On the one hand I think the textbook racket is pretty cruel, and on the other hand the market hasn't demanded a change with enough force.
Now here is this enterprising fellow who understands some basic economic principles which have allowed him to make some money. In a vacuum there is certainly nothing wrong with that, but copyright law is hardly a vacuum.
Assuming there is a bona-fide geographic restriction on the Thai editions (that is, knowingly agreed to by buyer and seller), what is the proper role of government in policing that? Utilizing a court system pursuant to civil matters seems proper, but is it to engage in prior restraint?
IMO copyright holders are not serving themselves with their present approach to piracy. IF they delivered what the market wanted, it would not be so pervasive. Plain. And. Simple.
This is the most convoluted article.
I really wish I knew an international law expert.
Thinking about a necklace I received from my mother in law that belonged to her grandmother, who’s father had it made for her in England, does that mean if my granddaughter who may not want the necklace goes to sell it, she’ll be rounded up put in resale jail?
Hummels...cute dust catchers.
“Kind of funny, I remember in 1985 for college, I spent like $170 for books. When we got a new president, he issued an edict that textbooks had to be changed out every year and I ended up spending like $400. Plus no used book market either. He came from the East Coast.”
I’m a teacher now. I use 100 percent public domain sources. Textbook costs - 0 dollars. Students shouldn’t have to pay money to obtain quality instruction materials. The cost on my time in first year was somewhat high - but now that I have all the materials put together - the cost is very little. Just a print run once a year, say a couple hours with the photocopier and all the students are done.
Here inn Houston some were caught “five finger requistioning” some material from chemical plant and refineries. Stainless steel (304 and 316), Hastelloy C, Incalloy, Inconel, titanium........
But, I thought they wanted us to recycle!! Screw that...I’ll just send everything to the dump from now on!
yeah...a used one with the right answers highlighted...
Does that go for importing to resell?
>The retail prices in the book store would be outrageous.<
Ask any college student - those prices have gotten more and more outrageous with each passing year.
May not be as far fetched as one could imagine. Take a look at what the Louisiana Legislature passed in 2011. I guess it is actual law now although I've not looked up the current status.
Cold hard cash. It's good everywhere you go, right? You can use it to pay for anything.
But that's not the case here in Louisiana now. It's a law that was passed during this year's busy legislative session.
House bill 195 basically says those who buy and sell second hand goods cannot use cash to make those transactions, and it flew so far under the radar most businesses don't even know about it.
"We're gonna lose a lot of business," says Danny Guidry, who owns the Pioneer Trading Post in Lafayette. He deals in buying and selling unique second hand items.
"We don't want this cash transaction to be taken away from us. It's an everyday transaction," Guidry explains.
Guidry says, "I think everyone in this business once they find out about it. They're will definitely be a lot of uproar."
The law states those who buy or sell second hand goods are prohibited from using cash. State representative Rickey Hardy co-authored the bill.
Hardy says, "they give a check or a cashiers money order, or electronic one of those three mechanisms is used."
Hardy says the bill is targeted at criminals who steal anything from copper to televisions, and sell them for a quick buck. Having a paper trail will make it easier for law enforcement.
There certainly is plenty, and probably as "quality" as the high dollar titles most of the time. Likewise I am a fan of free and open source computer software. One time one of my girls had a first year class which required "Microsoft Office". We were pretty broke at the time, I had a legit older version which wasn't functionally up to date so I set her up with the most current release of OpenOffice. The prof's reaction to that was "Hell yes I should have thought of that!" I honestly can't remember the last time I bought a piece of computer software. At work I have the usual corporate supplied package but the homework is all done with open source titles on Linux. It all goes back & forth just fine!
There goes recycling. I guess every used item will now have to be burned.
Funny you mention this. I am teaching a web programming class and we went with a web site instead of a standard text book. Students like the aspect of not having to buy a useless textbook.
> Im a teacher now. I use 100 percent public domain sources.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.