Important Resale Law

Discussion in 'Open Discussion' started by digitalandfilm, Oct 8, 2012.

  1. brianb032

    brianb032 Mu-43 Veteran

    Jan 10, 2011
    This could easily turn into a political debate real fast, but if such a thing were to ever take place then the social fabric of our nation would not be a pretty one to say the least. Rather than an attack on copyright infringements, this is undoubtedly an attack on private property rights more than anything else. I'm an optimist, and despite all the wrong turns our legal structures and political leadership have taken over the course of history, I don't believe the American people will allow what was mentioned in the article to ever happen; not without a fight at least.
  2. Fmrvette

    Fmrvette This Space For Rent

    May 26, 2012
    Detroit, Michigan
    You mean when the Princess of the Exchequer demands that I sell old gear before getting new gear I can claim "I'd love to but the Supreme Court won't let me!"

    Is this a great country or what???



  3. krugorg

    krugorg Mu-43 Hall of Famer

    Jul 18, 2011
    Minnesota USA
    This would be horrible... my whole internal justification process is based around the difference/delta of new gear purchased less old gear sold. It is much easier to gain spouse approval with this type of accounting than discussing the actual price of the new gear! :rofl:
  4. Poorly written article designed for hype and you are falling for it because deep inside we are all driven by G.A.S. Just like addicts we want it, we want it now, and we want it cheap. Folks... think bigger..

    The legal definition of copyright infringement:

    "As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. "

    U.S. Copyright Office - Definitions (FAQ)

    I'm pretty sure that copyright won't be extended to include the re-sale of products. You own the product once the purchase is made but the intent of copyright was to protect the intellectual property behind said product which you do not own. The first-sale doctrine would be extremely hard to work out of the copyright law without serious ramifications and would be near impossible to practically enforced.

    The issue here is grey market use. People/businesses buying products overseas (the case in specifically targets text books) with the intent of resale here in the US. A better written summary here:

    American University Intellectual Property Brief ยป First Sale Doctrine

    With that said, I am one in agreement that the "mass" intent to redistribute grey market products not intended for said target market needs to be restricted. Anyone with a general understanding of business/trade knows that wide spread tolerance for grey market products is both detrimental for the market for which they were originally intended AND the market they end up in.
    • Like Like x 2
  5. meyerweb

    meyerweb Mu-43 Hall of Famer Subscribing Member

    Sep 5, 2011
    usayit, I don't think this is just hype. I've seen several other articles on the subject, and this story conforms to what I've read elsewhere. This is a real case, and a real challenge to long-standing U.S. copyright rules.
  6. Ok.. its not hype... because you said so... links?
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