10-08-2012, 10:42 AM
#1
User Info
This session the US Supreme Court will hear a case involving our rights to be able to resell items we have purchased. The basic premise of the case is if you want to resell anything manufactured outside the US (or contains parts made outside the US) you will be required to get the original companies permission to resell the device BEFORE you can actually sell it. Want to sell your iPhone 4S? You'll need to get permission from Apple first.

http://www.marketwatch.com/story/your-ri...genumber=1

I urge you to read this story, the consequences are very far reaching.

129 6,685
Reply
 10-08-2012, 12:07 PM
#2
  • Johnny
  • Super Moderator
  • Wausau, Wisconsin, USA
User Info
I think they would have a hard time policing our B/S/T forum, but this could sure play heck with eBay sales.

Sometimes I feel like a bug and I'm being stepped on.

173 23,484
Reply
 10-08-2012, 12:22 PM
#3
User Info
I guess the BST part would come down in the ruling *if* this idiotic ruling is upheld. Much will depend on what the Supremes decide as to how something like a BST section on a forum would be dealt with. With Phil being a retailer as well there could be more ramifications here than say at some random board who's name will not be spoken here.

Just something to keep an eye on for their upcoming session.

129 6,685
Reply
 10-08-2012, 12:24 PM
#4
  • krissy
  • Active Member
  • Cando, North Dakota
User Info
WOW.... just wow!

7 405
Reply
 10-08-2012, 12:29 PM
#5
User Info
With luck, if the Supremes agree with the plaintiff they would severely restrict the interpretation to deal with items like this specific situation where someone was profiting by buying a product cheaply overseas and then reselling in the US en mass.

Judges though can be a funny bunch and rulings frequently do not jive with what should be common sense.

129 6,685
Reply
 10-08-2012, 12:32 PM
#6
  • freddy
  • Senior Member
  • San Diego, California, U.S.A.
User Info
So, if I read a book and want to sell it back to a used bookstore, I'll have to get permission from Random House? Or worse, if I buy a book from Amazon, finish it, and want to sell it to a used bookstore, I have to get permission from Amazon who then has to get permission from Random House who then has to tell Amazon that it's okay who then has to e-mail me to let me know that I have permission to go ahead with the sale to the used bookstore? Oh, please, give it a rest! Dodgy

2 11,211
Reply
 10-08-2012, 12:35 PM
#7
  • krissy
  • Active Member
  • Cando, North Dakota
User Info
what about garage sales..... how many people save a lot and depend on those for deals?

Don't forget Amazon also sells used items, or at least that's what I see on the listings. you can click to see those items from their vendors.

7 405
Reply
 10-08-2012, 01:01 PM
#8
User Info
I have total faith the Supreme Court will do the right thing! Oh, wait, maybe not. Let's hope some of the justices are using a DE or SE, and lathering with a brush.

6 230
Reply
 10-08-2012, 01:18 PM
#9
  • Dave
  • Moderator Emeritus
User Info
It's a pipedream for the book company and a logistical nightmare for the government. This won't happen.

116 3,804
Reply
 10-08-2012, 01:20 PM
#10
  • freddy
  • Senior Member
  • San Diego, California, U.S.A.
User Info
(10-08-2012, 01:18 PM)Dave Wrote: It's a pipedream for the book company and a logistical nightmare for the government. This won't happen.

My thoughts, too, Dave. However, there have been unusual opinions out of the courts before. I'll keep my fingers crossed for your, "This won't happen." Smile

2 11,211
Reply
 10-08-2012, 01:24 PM
#11
  • Johnny
  • Super Moderator
  • Wausau, Wisconsin, USA
User Info
Well, it keeps the lawyers employed.

173 23,484
Reply
 10-08-2012, 02:55 PM
#12
User Info
First of all, it's only copyrighted material. And copyrighted material that is purchased outside the US to boot. Not manufactured outside the US as OP thinks. Our items are not copyrighted. It's really only about media. Ie, books, music, video.

Our products are tangible goods. Their sole value is in the item themself. They aren't copyrighted. The formula for soap is copyrighted, but we aren't trading that, we're trading the actual soap. Same with razor designs. Which may or may not be copyrighted. I'm not an IP lawyer, I don't really know.

Secondly, the suit stems from someone basically importing copyrighted material in the US for the sole purpose of reselling. Apparently he made 1.2 million dollars.... crazy. I'm sure regular consumers will be unaffected by the ruling either way. Businesses OTOH....

Just my $.02.

9 2,988
Reply
 10-08-2012, 03:57 PM
#13
User Info
Let's arrange for the male Justices to get an old-fashioned straight razor shave. That may convince them to leave us alone.

15 316
Reply
 10-08-2012, 08:23 PM
#14
User Info
Interesting thread. Had no idea about this.

75 20,883
Reply
 10-08-2012, 08:47 PM
#15
User Info
I think we should read the actual legal opinion being challenged before jumping to conclusions.

Quote:The principal question presented in this appeal is whether the first sale doctrine, 17 U.S.C. § 109(a), applies to copies of copy-righted works produced outside of the United States but imported and resold in the United States. Under another basic copyright statute, it is ordinarily the case that "[i]mportation into the United States, without the authority of the owner of copy-right under [the Copyright Act], of copies . . . of a work that have been acquired outside the United States is an infringement of the [owner's] exclusive right to distribute copies. . . ."[fn4]

Quote:To summarize, we hold that (1) the first sale doctrine does not apply to copies manufactured outside of the United States; (2) the District Court did not err in declining to instruct the jury regarding the unsettled state of the first sale doctrine; and (3) the District Court did not err in admitting evidence of Kirtsaeng's gross revenues.

Accordingly, the judgment of the District Court is AFFIRMED.

2nd Circuit Opinion

9 2,988
Reply
 10-08-2012, 09:29 PM
#16
  • Johan
  • Barberian of the lathering
  • Sweden
User Info
Lets see so i dont missunderstand this:

If youre living in America and buy or own any product made in any other part of the world. You are not allowed to sell the product without the copyright holders permission. Is that correct?

You have to exuse me for asking because it sounds like a joke!

0 284
Reply
 10-08-2012, 09:34 PM
#17
User Info
(10-08-2012, 09:29 PM)Johan Wrote: Lets see so i dont missunderstand this:

If youre living in America and buy or own any product made in any other part of the world. You are not allowed to sell the product without the copyright holders permission. Is that correct?

You have to exuse me for asking because it sounds like a joke!

Actually I think all the circuit court is saying is that the section 109 portion of the patent law (written by congress) does not cover items made outside the US.

Whether there is other law prohibiting the resale of said imported items, I do not know.

9 2,988
Reply
 10-08-2012, 11:21 PM
#18
  • Johan
  • Barberian of the lathering
  • Sweden
User Info
Thanks for the answer Lee. I hope thats all there is.

And i dont want to provoke anyone but i truly believe laws and regulations like these that strain trading and economics, are more of a other political system. A very red one! I´m a bit suprised that a nation that has such a free spirit, are even considering this.

0 284
Reply
 10-09-2012, 07:18 PM
#19
  • freddy
  • Senior Member
  • San Diego, California, U.S.A.
User Info
(10-08-2012, 11:21 PM)Johan Wrote: Thanks for the answer Lee. I hope thats all there is.

And i dont want to provoke anyone but i truly believe laws and regulations like these that strain trading and economics, are more of a other political system. A very red one! I´m a bit suprised that a nation that has such a free spirit, are even considering this.

Johan, rather than get into the politics, let's just wait and see if anything happens with this. Wink

2 11,211
Reply
Users browsing this thread: 1 Guest(s)