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Defending the First Sale Doctrine

The Electronic Frontier Foundation recaps two court cases pending in the U.S. which will decide whether you're allowed to re-sell the things you purchase. The first case deals with items bought in other countries for resale in the U.S., such as textbooks. An unfavorable decision there would mean "anything that is made in a foreign country and contains copies of copyrighted material – from the textbooks at issue in the Kirtsaeng case to shampoo bottles with copyrighted labels – could be blocked from resale, lending, or gifting without the permission of the copyright owner. That would create a nightmare for consumers and businesses, upending used goods markets and undermining what it really means to 'buy' and 'own' physical goods. The ruling also creates a perverse incentive for U.S. businesses to move their manufacturing operations abroad. It is difficult for us to imagine this is the outcome Congress intended." The second case is about whether music purchased on services like iTunes can be resold to other people. "Not only does big content deny that first sale doctrine applies to digital goods, but they are also trying to undermine the first sale rights we do have by forcing users to license items they would rather buy. The copyright industry wants you to "license" all your music, your movies, your games — and lose your rights to sell them or modify them as you see fit."

4 of 338 comments (clear)

  1. Borland once had it right, treat sw as a book by ZorroXXX · · Score: 5, Informative
    Back in the days, Borland was a refreshingly sound and sensible manufacturer, trusting its customers (as opposed to others' love for dongles or code wheels or whatnot). If you are not familiar with Borlands's No-Nonsense License Statement, by all means read the full story.

    This software is protected by both United States copyright law and international copyright treaty provisions. Therefore, you must treat this software just like a book, except that you may copy it onto a computer to be used and you may make archival copies of the software for the sole purpose of backing-up our software and protecting your investment from loss.

    ...

    --
    When you are sure of something, you probably are wrong (search for "Unskilled and Unaware of It").
  2. Re:Censored: "secondary market" by pepty · · Score: 5, Informative

    Could we do to copyright what companies do to avoid paying real estate tax in California? In CA, properties aren't reassessed for tax purposes unless they are sold. So companies don't sell real estate, they sell a shell company that technically owns the property. The property never actually changes ownership, so the taxes remain based on its valuation from 1982 or whatever. So we just need a free way to set up a corporation. Have your corporation buy an mp3 or a movie. When you're done with it, sell the corporation for $3. Problem solved.

  3. This is already the law in California by DrJimbo · · Score: 5, Informative

    In Omega v. Costco it was already decided that there is no first sale doctrine for goods manufactured outside of the USA. The case went to the Supreme Court two years ago but the court was split 4-4 (Kagan recused herself) so the lower (9th District) Court decision stood.

    There already no first sale doctrine for foreign goods in California and the rest of the 9th District.

    --
    We don't see the world as it is, we see it as we are.
    -- Anais Nin
  4. Re:Inheritance by immaterial · · Score: 5, Informative

    Congratulations on getting a +5 informative moderation on your post for referring to UK tabloid bullshit that was debunked the very same day by Willis' wife on Twitter.