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YOUR 'RIGHT TO SELL STUFF' IN JEOPARDY
- Thread starter john_martin_sai
- Start date
Reading some of the comments, it seems this may very well be an alarmist article that misinterprets the case. At any rate, this would be extremely unenforceable on a broad basis. Not gonna happen, IMO.
The case specifically deals with the "grey" market, items that were intended for overseas markets being illegally imported into the US and sold here. It won't affect musicians selling their used gear to each other or garage sales or 99.9% of eBay or CL transactions. It's just plain silly the way the media get people whipped up over nothing.
It is a poorly-written article, for sure, starting with the incorrect suggestion in the first sentence that copyright law applies to furniture. Here is a better analysis:
http://blog.ericgoldman.org/archives/2011/08/second_circuit_2.htm
Here is a link to the Second Circuit decision that is currently before the Supreme Court:
Link Removed
What a joke.
By "joke", I mean the suggestion, the ruling, and the supreme court as a whole. No one will ever tell me I can't sell a personal belonging that *I* paid for.
By "joke", I mean the suggestion, the ruling, and the supreme court as a whole. No one will ever tell me I can't sell a personal belonging that *I* paid for.
I can see the news headlines now, "Underground Black Flea Market busted, 10's of dollars in Sega Genesis games, broken blenders, and old Playboys confiscated. Chief of Police Wiggum says "Job well done," receives presidential honors..."
Lulz.
Lulz.
China regularly confiscates millions of pirated or 'illegally sold' items and burns them to appease the International community,...why not the USA?
The government has regulations and collects information regarding the sale of homes, cars, stocks, etc.....why not your guitar?
No one has ever said I can't sell my home or my car either. I may be selling my home in the spring, and if I do, no one's gonna tell me no!
Totally absurd! When you purchase something you own the right to use it, destroy it, keep it or to re-sell it. However, if it is copyrighted you don't own the right to clone, copy or re-produce it without license.
I know this might be slightly off topic, but what about items that aren't tangible? For instance, video games bought on Steam for instance? There was a case that Valve (who owns Steam) sued a person for selling his online collection of games which he did pay for. However, it was stipulated that he actually did not own the games, but rather owned permission to use and play the games.
Thanks for the links. I didn't have time to research this more last night (and still don't), but reading at least that analysis is now on my to-do list.
I can sell things in Jeopardy?
And all this time I thought it was about answering clues with questions...
And all this time I thought it was about answering clues with questions...
"Both Ammori and Band worry that a decision in favor of the lower court would lead to some strange, even absurd consequences. For example, it could become an incentive for manufacturers to have everything produced overseas because they would be able to control every resale.
It could also become a weighty issue for auto trade-ins and resales, considering about 40% of most U.S.-made cars carry technology and parts that were made overseas.
This is a particularly important decision for the likes of eBay and Craigslist, whose very business platform relies on the secondary marketplace. If sellers had to get permission to peddle their wares on the sites, they likely wouldn’t do it.
Moreover, a major manufacturer would likely go to eBay to get it to pull a for-sale item off the site than to the individual seller, Ammori added.
In its friend-of-the-court brief, eBay noted that the Second Circuit’s rule “affords copyright owners the ability to control the downstream sales of goods for which they have already been paid.” What’s more, it “allows for significant adverse consequences for trade, e-commerce, secondary markets, small businesses, consumers and jobs in the United States.”
Indeed, goodbye eBay, craigslist, flea markets, thrift stores, garage sales. Yes, yard sales may become the new black markets!"
It could also become a weighty issue for auto trade-ins and resales, considering about 40% of most U.S.-made cars carry technology and parts that were made overseas.
This is a particularly important decision for the likes of eBay and Craigslist, whose very business platform relies on the secondary marketplace. If sellers had to get permission to peddle their wares on the sites, they likely wouldn’t do it.
Moreover, a major manufacturer would likely go to eBay to get it to pull a for-sale item off the site than to the individual seller, Ammori added.
In its friend-of-the-court brief, eBay noted that the Second Circuit’s rule “affords copyright owners the ability to control the downstream sales of goods for which they have already been paid.” What’s more, it “allows for significant adverse consequences for trade, e-commerce, secondary markets, small businesses, consumers and jobs in the United States.”
Indeed, goodbye eBay, craigslist, flea markets, thrift stores, garage sales. Yes, yard sales may become the new black markets!"
