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04 Oct 2012 16:41 #105017
by The Captain
[color=rgb(51, 51, 51)]Your right to resell your own stuff is in peril[/color]
It could become illegal to resell your iPhone 4, car or family antiques
CHICAGO (MarketWatch) — Tucked into the U.S. Supreme Court’s busy 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.
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04 Oct 2012 16:42 #105018
by The Captain
[color=rgb(51, 51, 51)]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.[/color]
[/color][color=rgb(51, 51, 51)]Put simply, though Apple has the copyright on the iPhone and Mark Owen does on the book “No Easy Day,†you can still sell your copies to whomever you please whenever you want without retribution.[/color]
[/color][color=rgb(51, 51, 51)]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.[/color]
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04 Oct 2012 16:43 #105019
by The Captain
[color=rgb(51, 51, 51)]It could be your personal electronic devices or the family jewels that have been passed down from your great-grandparents who immigrated from Spain. It could be a book that was written by an American writer but printed and bound overseas or an Italian painter’s artwork.[/color]
[/color][color=rgb(51, 51, 51)]It has implications for a variety of wide-ranging U.S. entities including libraries, musicians, museums and even resale juggernauts eBay and Craigslist. U.S. libraries, for example, carry some 200 million books from foreign publishers.[/color]
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04 Oct 2012 16:43 #105020
by The Captain
[color=rgb(51, 51, 51)]he case stems from Supap Kirtsaeng’s college experience. A native of Thailand, Kirtsaeng came to the U.S. in 1997 to study at Cornell University. When he discovered that his textbooks, produced by Wiley, were substantially cheaper to buy in Thailand than they were in Ithaca, N.Y., he rallied his Thai relatives to buy the books and ship them to him in the U.S.[/color]
[/color][color=rgb(51, 51, 51)]He then sold them on eBay, making upwards of $1.2 million, according to court documents.[/color]
[/color][color=rgb(51, 51, 51)]Wiley, which admitted that it charged less for books sold abroad than it did in the U.S., sued him for copyright infringement. Kirtsaeng countered with the first-sale doctrine.[/color]
[/color][color=rgb(51, 51, 51)]In August 2011, the U.S. Court of Appeals for the Second Circuit upheld a lower court’s ruling that anything that was manufactured overseas is not subject to the first-sale principle. Only American-made products or “copies manufactured domestically†were.[/color]
[/color][color=rgb(51, 51, 51)]“That’s a non free-market capitalistic idea for something that’s pretty fundamental to our modern economy,†Ammori said.[/color]
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