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TOPIC: Court Ruling May Ban Sale of Used Items in the U.S.

Court Ruling May Ban Sale of Used Items in the U.S. 19 Oct 2012 02:13 #1

  • martg
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Re: Court Ruling May Ban Sale of Used Items in the U.S. 19 Oct 2012 03:42 #2

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Thats a interesting and scary vid cheers marty :) the comment on the link
Seems like the case is not well described here.

The guy purchased books in Thailand, shipped them to the US, and sold them on ebay as "used" items.

He was sued by Wiley (the publisher) for copyright infringement, the guy countered with the "first sale" doctrine.

This is why the "first sale" doctrine is being challenged.

In reality the first sale doctrine is not the right defence for the guy here, as he was running a business (made in the millions), so he was acting as a distributor, the books were not "used", in the sense we understand, ie opened, read, and then sold.


The way the court should handle this is leave the first sale doctrine alone, and say that he was acting as an importer and distributor that was breaking copyright.

makes a lot of sense to me - the books were being imported and resold having never been 'used' - Tbh though fair play to the guy - the company got the price they were happy with in thailand - the guy sold them on at a profit in the usa and still managed to sell them for cheaper then they normally would be.
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Re: Court Ruling May Ban Sale of Used Items in the U.S. 19 Oct 2012 05:51 #3

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Thanks Thoreau, i missed that bit
gotta watch those knee-jerk reactions
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Re: Court Ruling May Ban Sale of Used Items in the U.S. 19 Oct 2012 06:04 #4

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Rumours about this sort of thing have been circulating for a few years now. How would they enforce it though?
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Re: Court Ruling May Ban Sale of Used Items in the U.S. 19 Oct 2012 06:22 #5

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martg wrote:
Thanks Thoreau, i missed that bit
gotta watch those knee-jerk reactions

Not so much of a knee jerk reaction if the court does not see it as above and rule purely against the defense as it could have far reaching consequences what with the precedent being set. But I would hope that common sense would prevail though as ever common sense seems to be thin on the ground where money is concerned.

I guess it would also depend on how much the companies then go on to apply any precedent - it would be a waste of money to attempt to prosecute those who are holding yardsales or do the odd bit of ebaying - those who circumvent the law by mass importing of goods and selling them on as used when they are clearly not may well end up being chased though. It is in not only the companies who manufacture the goods interest to prosecute but also in the governments interest in order to collect import tax and vat etc.

it really does go to show though that companies will charge what they can get away with in the more affluent countries even when they can make a good profit selling for cheaper elsewhere - it does feel as if they are taking the piss.
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Re: Court Ruling May Ban Sale of Used Items in the U.S. 19 Oct 2012 19:54 #6

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It does seem that the courts favour big business over individuals.
I certainly hope that any ruling isn't used as a precedent to go after people selling their own property on eBay or at yard sales / car boot sales.
But then, looking at the way they have gone after small farmers and raw milk producers it seems that any law that can be used to take peoples freedoms away is strictly enforced.
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