Author Topic: SCOTUS will decide on "first-sale doctrine" in copyright law...  (Read 1814 times)

JLawson

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SCOTUS will decide on "first-sale doctrine" in copyright law...
« on: October 14, 2012, 02:20:54 PM »
I stumbled across this by accident while reading about stamps going up a penny.  Anyway, my first thought was about gun shows.  If the SCOTUS upholds this thing, how do you think it will affect gun shows, Gun Broker, private sales, etc.  It seems to focus on "copyrighted" material - are "patented" products the same?  Guns and such are patented and not copyrighted - right?


CHICAGO (MarketWatch) — Tucked into the U.S. Supreme Court’s 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.

Read the whole things at http://articles.marketwatch.com/2012-10-12/finance/34240922_1_copyright-iphone-consumer-groups.

Solus

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Re: SCOTUS will decide on "first-sale doctrine" in copyright law...
« Reply #1 on: October 14, 2012, 02:32:16 PM »
Looks pretty straight forward to me.   

Even if it passes I don't see a problem.

A firearms manufacture either gives blanket permission to resell or they go out of business. 

There might be concerns if there is no "grandfather" clause and you cannot sell previously purchased firearms without permission.

Like the British owners of S&W found out when they got in line with the government on some type of gun lock or other "safety" device, they were out of business almost immediately.

Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!"
—Patrick Henry

"Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters."
— Daniel Webster

tombogan03884

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Re: SCOTUS will decide on "first-sale doctrine" in copyright law...
« Reply #2 on: October 14, 2012, 03:54:09 PM »
It's not the same.Patents are issued for "things", like a new computer chip.
Copyright's are issued for idea's, "intellectual properties", like a book, or the program written on the newly patented chip.
It specifically relates to the right to copy.

Tyler Durden

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Re: SCOTUS will decide on "first-sale doctrine" in copyright law...
« Reply #3 on: October 14, 2012, 05:00:29 PM »
sounds like a can of worms to me.

watch the interstate commerce clause be used to reach a decision on this as well.

Ugg...

What's that saying about a camel getting his nose into the tent???

fightingquaker13

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Re: SCOTUS will decide on "first-sale doctrine" in copyright law...
« Reply #4 on: October 14, 2012, 10:52:01 PM »
And here it will be the conservative justices who screw us, in the interest of property rights. IMHO, once you sell something, you've sold it. You lose all further rights. Don't like it? You should have charged more. Frankly, I can see Romney pushing this in Congress, even if the court says no.  The software, publishing, and entertainment industries want this. And Mitt, well, he doesn't seem one to say no to corporations. Of course BO is just as bad. This might be something we get stuck with, which will suck for Ebay and second hand bookshops and electronics stores.
FQ

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kmitch200

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Re: SCOTUS will decide on "first-sale doctrine" in copyright law...
« Reply #5 on: October 15, 2012, 12:14:30 AM »
What's that saying about a camel getting his nose into the tent???

At this point the only thing NOT in the tent is the tip of the tail.
That smelly furry thing pushing on our backside is definitely not his nose. 
You can say lots of bad things about pedophiles; but at least they drive slowly past schools.

Tyler Durden

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Re: SCOTUS will decide on "first-sale doctrine" in copyright law...
« Reply #6 on: October 15, 2012, 12:24:25 AM »
How will it be enforced?

On a slight thread drift...

As a budding would be entrepenuer, it would be nice to not have my ideas copied .

I built some steel targets for 3gun shotgun practice.  Another guy kinda stole my idea and used my marketing verbiage almost word for word. 

I hear it takes $20,000 to get a patent.

I'd never make $20,000 of those targets in my lifetime.

 

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