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Two US States Restrict Used CD Sales

DrBenway sends us to Ars Technica for a report that Florida and Utah have placed draconian restrictions on the sale of used music CDs; Wisconsin and Rhode Island may soon follow suit. In Florida, stores have to hold on to CDs for 30 days before they can sell them — for store credit only, not cash. Quoting: "No, you won't spend any time in jail, but you'll certainly feel like a criminal once the local record shop makes copies of all of your identifying information and even collects your fingerprints. Such is the state of affairs in Florida, which now has the dubious distinction of being so anal about the sale of used music CDs that record shops there are starting to get out of the business of dealing with used content because they don't want to pay a $10,000 bond for the 'right' to treat their customers like criminals."

41 of 500 comments (clear)

  1. This is why fark has a Florida tag by cashman73 · · Score: 5, Insightful

    So much for buying used CDs from some dude at a garage sale. Is the MAFIAA going to go after garage sales, too? Where does the witch hunt end?

    1. Re:This is why fark has a Florida tag by Tuoqui · · Score: 2, Insightful

      After everyone has bought at least 10 CDs filled with garbage songs and bought a different version for your computer, your CD player, your MP3 player and your car stereo, etc...

      They want your money any way they can get it. After you've bought your CD it is yours so instead of selling it to some stupid store sell it to your buddy.

      A fancy way for these guys to get around the restriction. Heres a $10 voucher for store credit... Dont worry you can redeem it for cash after this transaction is over. Boom all nice and legal like after all its two separate transactions.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
  2. hmph... hello FTC? by commodoresloat · · Score: 5, Insightful

    The article says "The Federal Trade Commission has scrutinized the music industry for putting unfair pressures on retailers who sell used CDs"... This seems to me to be similar unfair pressure, but this time it's coming from state governments. Is this sort of law even enforceable?

    1. Re:hmph... hello FTC? by Kadin2048 · · Score: 2, Insightful

      Well, given the scope to which "Interstate Commerce" has been expanded, to include even transactions or activities which occur solely within the bounds of one state, you'd think that maybe the FTC could step in and stop this.

      (Not that I'm saying that the expansion of Interstate Commerce is a good thing, but if they can stop Californians from getting marijuana despite state laws making it legal, you'd think they could enforce FTC restrictions over the will of a bunch of asshat legislators in Florida.)

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  3. This law would have mattered... by moosejaw99 · · Score: 2, Insightful

    in 1995 when I still bought CD's. Let me know when they do this to used MP3's.

    1. Re:This law would have mattered... by Johnny5000 · · Score: 2, Insightful

      in 1995 when I still bought CD's.

      Wow, I didn't realize you were the only person who ever bought CDs.
      Therefore, the law clearly doesn't matter.

      protip: The world doesn't revolve around you, buddy. Other people do buy and sell used CDs.

      --
      The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
  4. Just dump 'em on ebay by miskatonic+alumnus · · Score: 5, Insightful

    until the fascists outlaw that. I swear, I have long been a proponent of paying for my music. There are several out of print titles I've paid top dollar for on ebay and in the used section of the local record store. But if this shit becomes the norm, I'll start downloading everything for free, lawsuits be damned. Fuck these sons-of-bitches.

  5. Garth Brooks won??? by Pharmboy · · Score: 4, Insightful

    Garth Brooks was pushing royalties for used CD sales way back when I had a shop that sold used CDs. This is right before he quit doing shit, so I guess he was just wanting some extra royalties on his old stuff. I thought it was a money grab then, and it is now.

    Since I have always only bought used CDs, I guess now I will need to start downloading and burning all my music instead. No way I'm paying $20 for 2 good songs, and I don't want an ipod.

    --
    Tequila: It's not just for breakfast anymore!
  6. Re:wow by flar2 · · Score: 5, Insightful

    You would think this would get some attention, but the whole reason the music industry gets away with these ridiculous laws is because nobody is paying attention. Besides, why would we trust the media to tell us about something like this? They probably have the same owners as the record companies.

  7. Buying Used records is STEALING by Whiney+Mac+Fanboy · · Score: 2, Insightful

    Do you realise that when you buy a second hand album that the music industry thinks you're stealing that music?

    After all, you've acquired a copy of the songs, but the artist has recieved no compensation from you.

    *sighs* These people just do not understnad some conecpts integral to society (reuse, second hand sales, etc).

    --
    There are shills on slashdot. Apparently, I'm one of them.
  8. CDs are more dangerous than GUNS??? by rackhamh · · Score: 4, Insightful

    And yet you can still buy a firearm at a gun show in Florida with no background check, and police must destroy records on gun sales within 48 hours and are prohibited from maintaining gun sale records that could be used for gun tracing and criminal investigations.

    What THE HELL is wrong with this country???

    1. Re:CDs are more dangerous than GUNS??? by Kadin2048 · · Score: 1, Insightful

      Well, to be fair, linking to the Brady Campaign's website is about as balanced as linking to the RIAA's page on piracy.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    2. Re:CDs are more dangerous than GUNS??? by rackhamh · · Score: 4, Insightful

      Straw man -- the URL is completely irrelevant. Either the laws cited on that page are accurate, or they're not. I'm not quoting a position paper.

    3. Re:CDs are more dangerous than GUNS??? by SCPRedMage · · Score: 2, Insightful

      Nice to know you don't see the point of mentioning that Florida has less restrictions on an item designed to injure, if not kill, than it does on second hand music.

      --
      My sig can beat up your sig.
    4. Re:CDs are more dangerous than GUNS??? by rossz · · Score: 2, Insightful

      Uhm, BULLSHIT. A background check is required when you purchase a firearm, even at gun shows. This lie from the Brady Bunch is one of many they just kept repeating so often that gullible people (go look in a mirror) began to believe it.

      --
      -- Will program for bandwidth
  9. Re:What a bunch of fucking idiots. by mgabrys_sf · · Score: 3, Insightful

    I lived in Utah for 2 years and it's a very nice place. Far from a hellhole. Now the PEOPLE on the other hand....

  10. A reminder by Philotic · · Score: 4, Insightful

    "...Governments are instituted among Men, deriving their just powers from the consent of the governed, -- That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it..."

  11. Rip 'n Sell by samkass · · Score: 3, Insightful

    I haven't actually put a commercial CD into a drive in a year or more, and all the ones I still own are long since ripped. I was thinking about selling all my CDs, but then my ripped copies would be illegal, and I'm one of those weirdoes who actually likes to pay fairly for what they have. So what do I do if I don't want the clutter? Throw them all into a landfill?

    It seems like the days of the used CD store are almost gone anyway. Despite the DRM politics, it's awfully convenient to buy online. And with CDs so easy to rip and resell, used CD stores are little more than rent-to-steal shops these days.

    --
    E pluribus unum
    1. Re:Rip 'n Sell by Anonymous Coward · · Score: 1, Insightful

      Just out of interest have you ever actually know anyone to 'Rip n Sell'? Of all my friends I am just about the only one who buys used cds, and also the one with the least pirated music on my computer. I have never known anyone to buy a second hand cd just to rip it and then sell it on again. Anyone considering that can save alot of time and money just by downloading the tracks.

      Does anyone know of someone who does buy, rip and sell on? I'd be interested to know.
      This law is ridiculous, its that simple.

  12. Ah wonderful by Anonymous Coward · · Score: 4, Insightful

    Now this debate can happen all over again.

    For the record, I was buying back CDs at a used record store in Washington State in the early nineties. We required photo ID. We wrote the information on your photo ID in a Big Scary Book. After we bought your CDs, we held on to them for 30 days. Then, after 30 days, we typically sold them. And it was no big deal. Didn't hurt business, didn't scare customers. Didn't have a damn thing to do with filesharing (I don't believe the original Napster existed yet). We caught a decent number of CD thieves by matching sales of odd CDs to lists of stolen CDs. It worked to everyone's benefit except maybe the thieves.

    By the way, it's Really Freaking Obvious when someone's selling stolen goods. Seriously. We're checking the lists of stolen CDs before they even walk out the door. Thieves are idiots, and not subtle idiots either.

    These laws are similar. They include a fingerprint provision presumably to combat fake ID's. I think that bit is unneccessary and odious (because, in my experience, we were able to catch all of our fake-ID-using thieves because they kept coming back). It requires a business permit. Sigh, whatever. It requires trading for store credit rather than cash. That's stupid--people selling their old CDs hardly ever want store credit, even if the value of that store credit is more than the cash. Reason? People sell their old CDs with "I'll finally dump these old CDs" on their mind. Buying new CDs is typically not what they want to do. We offered trade or cash to people, and most chose cash.

    So it's basically a dumber version of a law that has existed for over a decade in my state. Big freakin' deal.

    1. Re:Ah wonderful by coldcell · · Score: 2, Insightful

      Yes it is a Big Freakin' Deal! Just because a law has existed in some acceptable form does not make it trivial to extend the law arbitarily (unless there's some unspoken pressing need here?) to include horrible breaches of personal privacy and liberty. It should ALWAYS be a big freakin' deal when a government imposes restrictions on freedoms the same government is LEGALLY BOUND to grant it's people. People reacting and decrying this, and that that Makes A Difference, is what makes America stand out from the objectably 'less free' governments of the world. When you sit back with a 'big deal' attitude you're letting rights that other people care deeply about and fought and died for slip away.

      Sorry to get all 'if you're not part of the solution, you're part of the problem', but music rights, and the rights of media ownership is one of THE big issues of our cultural age, even if it's not addressed as seriously or as fairly as I'd like.

      P.S. I never realised about keeping names and IDs for theft checking, legitamate theft that is. That's a sane reason to have those measures so TY for explaining.

      -c

      --
      Launchy.net changed my world.
  13. Re:Perhaps you can stop the crooks from stealing by MightyMartian · · Score: 4, Insightful

    All kinds of things get fenced. By the same logic, we should ban selling any used goods. That used VCR you just bought, why that could be the proceeds of a crime.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  14. Follow the money? by erroneus · · Score: 2, Insightful

    Who sponsored the bills? Who were the biggest contributors? Is this a law enforcement driven thing or is "Big Media" attempting to stiffle the used media market to maximize their profits? What will this mean to Amazon.com?

  15. Who Cares by Steve-o-192.168 · · Score: 1, Insightful

    Just listen to local LIVE bands. If what's on the radio & CD's sucks, do something else entirely!
    Do your own thing! THINK for yourself!

    It's not your right to be entertained. If you don't enjoy something anymore, don't use or pay for it anymore! It doesn't give you a right to steal it!

    What I'm hearing from a lot of losers that are in my generation:
    "I cant live without being constantly entertained!! What will I do if I cant fill my Ipod and ears with music for infinity???"

    Bunch of Ipod wearing, ADD havin', short attention spanned crybabies.

    You don't have to be entertained constantly!!! Support your local artists directly!

    Read a book! Write your congressman! Get involved in your local community!

    Get to know your neighbors & find out who plays locally! Hanging out playing music is way more fun than buying music off ebay. Singing along with other people, in real life, gosh, what a concept.

    Try to charge royalties on that one RIAA. Maybe you should patent standing around a burn-barrel singing.

    - out

    Steve

    1. Re:Who Cares by eebra82 · · Score: 4, Insightful

      Just listen to local LIVE bands. If what's on the radio & CD's sucks, do something else entirely! Do your own thing! THINK for yourself!

      What exactly are you getting at here? A used record is just a used record. You can buy a Britney Spears CD today and sell it tomorrow as used. It's not your right to be entertained. If you don't enjoy something anymore, don't use or pay for it anymore! It doesn't give you a right to steal it!

      But we are talking about buying real CDs, are we not? With your reasoning, would it also be illegal to give away CDs that you have already purchased? You don't have to be entertained constantly!!! Support your local artists directly!

      Maybe your friends need it. I have no friend who needs 24/7 entertainment. Support my local artists? I listen mostly to radio music and don't give a shit about local artists. Why should I support them just because they create music? In that case, I want them to support me because I am a graphical artists. I demand that they buy my paintings.

      The issue is not that we don't want artists to get paid. Quite frankly, there is a lot of great music that is not produced by "local bands" and I like diversity. I don't mind paying for it, but I refuse to sign a contract on what I may and may not do once I purchase a CD. If I have bought it, I want to be able to sell it to anyone I want without having anyone watching my back.

  16. Great idea! by AussieVamp2 · · Score: 2, Insightful

    That will make people stop downloading music!

    Oh, wait..

    No.

    It won't.

    Duh.

  17. Re:Holy SHIT that sucks. by SpeedyDX · · Score: 4, Insightful

    I was gonna say that I lived in Toronto, where there are also used CD stores everywhere, then feel all cocky about it ... then I remembered the Canadian government is charging a levy on blank CDs. Sigh.

  18. Re:this does NOT suck by Ucklak · · Score: 4, Insightful

    Really. Who the hell signed the deal on this???
    Anti consumer, anti business. Pro RIAA.
    I guess Craigslist will get a surge for CD sellers/buyers in those states for the time being.
    Once they criminialze your average Joe from selling used CDs person-to-person like it's a controlled substance, the pitchforks and torches will come out.

    --
    if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
  19. Re:rubbish by Anonymous Coward · · Score: 2, Insightful

    >I called the officer "working" on my case and he said unless there were identifying marks, there was nothing they could do.

    You could have filed for a temporary restraining order (against selling them) on nothing more than the fact that you were willing to testify before a judge and jury that this was your property. You could have compelled the pawnbroker to identify the source of the merchandise, and if he could not do so, the judgement would have defaulted in your favor.

  20. Moderators... what the hell? by Anonymous Coward · · Score: 2, Insightful

    What the hell is up, moderators? You mod this excerpt from the Declaration of Independence as "Funny," and mod another funny post as "troll"... Why are you guys moderating completely backwards?

  21. Re:this does NOT suck by conteXXt · · Score: 4, Insightful

    While I fully admire your optimism, I think that, sadly, it will change nothing. Jimbo invented apathy.

    --
    The truth about Led Zep should never be told on /. (Karma suicide ensues)
  22. Re:Stealing? Maybe. But from whom? by wellingj · · Score: 2, Insightful

    At least she informed herself on the matter. Many celebs would just make something up on the spot.

  23. Re:this does NOT suck by billsoxs · · Score: 1, Insightful
    First - how the @#% is the parent post redundant??

    The person (?) who modded this is a moron. [Yes, that is flamebait - so what.]

    Now, I had not thought about craigslist. That is an intersting idea. The other place - perhaps is garage sales. We also have a place called Half-Priced Books. About 10% of their sales are through this. (They buy and resell used books.) I get old jazz and classical music from them. The record companies dump CDs that they can't sell there.

    Personally I cannot stand what they currently call music. The stuff that I grew up with is SO old it is pathetic. I think that this is the real reason that record sales are down so much. It has nothing to do with illegal downloads.

    --
    This message was brought to you by "Lack of Sleep."
  24. Re:Holy SHIT that sucks. by mrchaotica · · Score: 4, Insightful

    That doesn't make sense. How could there possibly be enough evidence to convict somebody of stealing them, but not any evidence that they were yours?

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  25. Re:What a bunch of fucking idiots. by Fulcrum+of+Evil · · Score: 2, Insightful

    Don't be a dumbass: when a republican controlled congress passes a law unanimously, you don't veto it - it just makes you look weak. The Republicans did pass this law. Thank them next November.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  26. Re:In other news... by CptNerd · · Score: 3, Insightful

    Actually, if I was enterprising enough, and lived in the area, I'd open up a bunch of used CD stores just over the border in Georgia near the main Interstates, and advertise like crazy in Florida. "Selling your old CDs, but don't want to feel like a criminal? We'll make it worth your while to drive that extra mile!"

    --
    By the taping of my glasses, something geeky this way passes
  27. Re:wow by ktappe · · Score: 2, Insightful

    And to those who care, he is a Democrat.
    Doesn't surprise me: Think oil/war, think Republican. Think Hollywood/LA, think Democrat.
    Bzzt, wrong, try again. The main reason that Utah was the other state to enact this is their Republican Senator, Orrin Hatch, who has also long been in the pocket of the movie and music industries. There are numbnuts on both sides of the aisle in Washington, so let's not partisanize this. Special interest money is corrupting both parties badly which is why we are in such dire need of lobby reform.
    --
    "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
  28. Re:wow by kd5ujz · · Score: 2, Insightful

    Florida=White Trash California, and this coming from a Texan.

    --
    -William
    God is everything science has yet to explain.
  29. No torches, same voting. by I+am+Jack's+username · · Score: 5, Insightful

    When the weapons of mass destruction thing turned out to be not true, I expected the American people to rise up. Ha! They didn't.

    Then, when the Abu Ghraib torture thing surfaced and it was revealed that our government participated in rendition, a practice where we kidnap people and turn them over to regimes who specialize in torture, I was sure then the American people would be heard from. We stood mute.

    Then came the news that we jailed thousands of so-called terrorists suspects, locked them up without the right to a trial or even the right to confront their accusers. Certainly, we would never stand for that. We did.

    And now, it's been discovered the executive branch has been conducting massive, illegal, domestic surveillance on its own citizens. You and me. And I at least consoled myself that finally, finally the American people will have had enough. Evidentially, we haven't.

    In fact, if the people of this country have spoken, the message is we're okay with it all. Torture, warrantless search and seizure, illegal wiretappings, prison without a fair trial - or any trial, war on false pretenses. We, as a citizenry, are apparently not offended.

    Boston Legal, "Stick It" (season 2, episode 19), written by David E. Kelley & Janet Leahy.
  30. Re:Still inaccurate by 19061969 · · Score: 4, Insightful

    "They want your money"

    Sounds better with no qualifiers.

    --
    bang goes my karma... again...
  31. Re:this does NOT suck by nutrock69 · · Score: 3, Insightful

    WTF is the point of this law?
    The point of this law is for the RIAA to finally start building a coffin for aftermarket sales. Even though they got their profit from the first sale, they get zero profit from aftermarket sales. If they can't get the profit from every sale - even if it means double dipping on the same cd - then they feel that nobody should.

    And the reason why we're just going to bend over and take it is the same reason why we're grabbing ankles for the DMCA: the politicians that make the laws were bought and paid for a long time ago and they aren't available for purchase in the aftermarket.