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Old 10-09-2012, 08:19 AM   #1
OceanAnnie
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What do you know about the "first sale doctrine"?

First, let's not make this political. We know the rules. I don't know the particulars about this "first sale doctrine". That's all I'm interested in. It seems to cast a large net.

The supreme court is going to hear a case about "grey market sale". I *think* it involves copyright law and the selling of copies and reselling of copyrighted work.

I have heard all sorts of commentary on the potential for this case. It could impact all kinds of sales such as CarMax, Craigslist, just about any second hand sales transaction. I *think* for now, they are looking at foreign products. Which in and of itself makes it dicey, because sometimes you don't know. And sometimes it's a parts issue.

It seems to have a huge potential. Lots of impact. What have you heard and what do you think about it?
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Old 10-09-2012, 09:00 AM   #2
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Old 10-09-2012, 09:41 AM   #3
BillSears
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Here's an article on the case:

http://www.marketwatch.com/story/you...ril-2012-10-04

I've heard about this case where someone imported cheaper textbooks from overseas and sold them here in the USA. It's an interesting idea and I agree with the importer.

Hopefully the Supreme Court will decide that First Sale applies to everything and we won't have to worry about selling our cars/electronincs/etc...
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Old 10-09-2012, 09:48 AM   #4
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Quote:
Originally Posted by BillSears View Post
Here's an article on the case:

http://www.marketwatch.com/story/you...ril-2012-10-04

I've heard about this case where someone imported cheaper textbooks from overseas and sold them here in the USA. It's an interesting idea and I agree with the importer.

Hopefully the Supreme Court will decide that First Sale applies to everything and we won't have to worry about selling our cars/electronincs/etc...
Thanks for the link. I did a quick scan.

I don't agree with it. I think once you have purchased something, it's yours. End of story. I don't think anyone has the rights to it after that. Otherwise, what did you buy? It would make it more of a lease type of deal to me. When you are done with it it's still yours, because you paid for it. It just changes the whole scope of a purchase to me.

So many ramifications from this. There is talk of widening the scope already.
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Old 10-09-2012, 09:53 AM   #5
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Here's a SlashDot article on it too. Lots of comments and discussion here to read.

http://yro.slashdot.org/story/12/10/...n-what-you-own

It looks like the SC may rule on a narrow portion of the First Use instead of something broader. They may just rule on things that are licensed outside of the USA and then brought into the USA. So it's probably not as widespread as "My car has a chip in it made in Japan so I can't resell the car."
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Old 10-09-2012, 09:56 AM   #6
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I don't think another country should dictate our purchases. They agreed to sell here under our domain. They made a profit and they are double dipping now. I just think it's hands down wrong.

There are a lot of businesses that run on second hand sales. I do think it has the potential to be harmful to many businesses. I have a bad feeling about it.
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Old 10-09-2012, 10:15 AM   #7
Tralliam
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IMO it comes down to this:

"Wiley, which admitted that it charged less for books sold abroad than it did in the United States, sued him for copyright infringement."

Wiley decided to set their price lower overseas. No one forced them to do this. As long as the industrious young college student followed all import/export laws to bring the books back into the US, the good for him.

Aside from eBay and CraigsList think about Goodwill, Half price books, Pluto's Closet. How would this impact their business?
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Old 03-20-2013, 09:40 AM   #8
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Quote:
Originally Posted by OceanAnnie View Post
Thanks for the link. I did a quick scan.

I don't agree with it. I think once you have purchased something, it's yours. End of story. I don't think anyone has the rights to it after that. Otherwise, what did you buy? It would make it more of a lease type of deal to me. When you are done with it it's still yours, because you paid for it. It just changes the whole scope of a purchase to me.

So many ramifications from this. There is talk of widening the scope already.
Well we already know that's not true - we learned that with peer to peer sharing of music (like the original Napster). The music you buy doesn't belong to you in the way that you can give it away to someone else and also keep in for yourself.
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Old 03-20-2013, 09:51 AM   #9
OceanAnnie
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Originally Posted by shellybaxter View Post
Well we already know that's not true - we learned that with peer to peer sharing of music (like the original Napster). The music you buy doesn't belong to you in the way that you can give it away to someone else and also keep in for yourself.
IMO, music has always been in a class of it's own. Creative license and such.

When it comes to individuals and goods such as books and other goods, once it's bought it's a done deal. YMMV.
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