Author Topic: Supreme Court To Decide Whether Or Not You Own What You Own  (Read 362 times)

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Offline Shlomo

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Supreme Court To Decide Whether Or Not You Own What You Own
« on: October 10, 2012, 02:44:21 PM »
This would absolutely bankrupt and destroy this country. These evil corporations are going WAY too far with copyright and "intellectual property rights" and want even more control.

Supreme Court To Decide Whether Or Not You Own What You Own
http://yro.slashdot.org/story/12/10/09/0241250/supreme-court-to-decide-whether-or-not-you-own-what-you-own

"The Supreme Court is set to decide, in the case of Kirtsaeng v. John Wiley & Sons, whether or not First Sale Doctrine applies to products made with parts sourced from outside the United States. If the Supreme Court upholds an appellate ruling, it would mean that the IP 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. Your old used CDs, cell phone, books, or that Ford truck with foreign parts? It may not be yours to sell unless you get explicit permission and presumably pay royalties. '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 right to resell your own stuff is in peril
From the Wall Street Journal
http://www.marketwatch.com/story/your-right-to-resell-your-own-stuff-is-in-peril-2012-10-04

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.

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

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. AAPL +1.11%  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.

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.
"In the final analysis, for the believer there are no questions, and for the non-believer there are no answers." -Chofetz Chaim

Online angryChineseKahanist

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Re: Supreme Court To Decide Whether Or Not You Own What You Own
« Reply #1 on: October 10, 2012, 03:41:13 PM »
keep us informed.
U+262d=U+5350=U+9774

Offline nessuno

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Re: Supreme Court To Decide Whether Or Not You Own What You Own
« Reply #2 on: October 10, 2012, 03:43:38 PM »
More of our rights hang in the balance  :o
Be very CAREFUL of people whose WORDS don't match their ACTIONS.

Offline muman613

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Re: Supreme Court To Decide Whether Or Not You Own What You Own
« Reply #3 on: October 10, 2012, 04:16:25 PM »
This seems entirely unnecessary and an over-stepping of the Constitution by the court. Once an American citizen purchases an item he OWNS it and has a right to do with it as he wants, including selling it. I don't see what the court is trying to do here...
You shall make yourself the Festival of Sukkoth for seven days, when you gather in [the produce] from your threshing floor and your vat.And you shall rejoice in your Festival-you, and your son, and your daughter, and your manservant, and your maidservant, and the Levite, and the stranger, and the orphan, and the widow, who are within your cities
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