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Link Posted: 10/7/2012 2:13:05 AM EDT
[#1]


So much for Buy American.

Link Posted: 10/7/2012 2:14:24 AM EDT
[#2]
Gotta be a flea market loophole in there somewhere
Link Posted: 10/7/2012 2:18:10 AM EDT
[#3]
That idea should not have even made it to paper.
 
Link Posted: 10/7/2012 2:19:59 AM EDT
[#4]
But the Romney haters keep telling me its not important who chooses the next couple justices to the supreme court.
Link Posted: 10/7/2012 2:26:12 AM EDT
[#5]
Link Posted: 10/7/2012 2:27:43 AM EDT
[#6]
Is there ANY country on the planet where something like this is the law?

By what basis could the SCOTUS rule in favor or Wiley and Sons?

Of course, considering their decision in the past, that does not mean that they would not rule that way.

Even if they did, good luck enforcing it. A ruling like that would create a great underground economy that would end most sales tax.


 
Link Posted: 10/7/2012 2:30:01 AM EDT
[#7]
My brain just fucking melted.  Seriously!?  

PLEASE - WHATEVER MAYAN GOD, OR FORCE, PLANS TO KILL US ALL IN DECEMBER - DO NOT PUSS OUT.  LOOK AT US, WE ARE FUCKING FOOLISH, THE TOILET NEEDS FLUSHING!

Link Posted: 10/7/2012 2:30:29 AM EDT
[#8]
Quoted:
But the Romney haters keep telling me its not important who chooses the next couple justices to the supreme court.


Get some protectionist leftists in there, and cases like this may really end up fucking us in the end.  I can see leftists thinking that this type of thing would encourage domestic production of goods.
Link Posted: 10/7/2012 2:33:55 AM EDT
[#9]
Make a mockery of the law, and folks may just stop paying any mind to it.
Link Posted: 10/7/2012 2:38:10 AM EDT
[#10]
Quoted:
My brain just fucking melted.  Seriously!?  

PLEASE - WHATEVER MAYAN GOD, OR FORCE, PLANS TO KILL US ALL IN DECEMBER - DO NOT PUSS OUT.  LOOK AT US, WE ARE FUCKING FOOLISH, THE TOILET NEEDS FLUSHING!

http://i1235.photobucket.com/albums/ff422/CBPO/Mayans.jpg


I think I'm gonna go with this guy.

Link Posted: 10/7/2012 2:41:05 AM EDT
[#11]
There is another, similar case on this.  Costco v. Omega Watches.  Same setup. Costco lost.
Link Posted: 10/7/2012 3:55:03 AM EDT
[#12]
I seriously doubt the SCOTUS will overrule the first sale rule.

It is a VERY old decision.

They chose to sell in the American marketplace.......so our rules apply.........especially one that is over 100 years old for god's sake IMHO.
Link Posted: 10/7/2012 3:59:54 AM EDT
[#13]
He sold his books and made 1.2 million dollars?
Link Posted: 10/7/2012 4:00:34 AM EDT
[#14]
Link Posted: 10/7/2012 4:03:38 AM EDT
[#15]
Link Posted: 10/7/2012 4:04:59 AM EDT
[#16]
Quoted:

Quoted:
I seriously doubt the SCOTUS will overrule the first sale rule.

It is a VERY old decision.

They chose to sell in the American marketplace.......so our rules apply.........especially one that is over 100 years old for god's sake IMHO.

I don't know, I'm not sure the Court will support buying millions of dollars in foreign market textbooks and reselling them in the US.  


That would not be a true violation of the first sale rule since it could be argued that he was not the first buyer in the sense of the first sale rule.

It was assumed, IIRC, that the first sale rule applied to people who used that item personnally.

So, this case, IMHO, will not remove that old first sale rule.  Which is what that article is espousing from what I got from it.

In other words, an item purchased for resale purposes is not within the true meaning of the first sale rule from my understanding of that rule (i.e., not within the "flavor" of that old rule).
Link Posted: 10/7/2012 4:08:17 AM EDT
[#17]
Link Posted: 10/7/2012 4:09:37 AM EDT
[#18]
Quoted:
Nah he effectively became a dealer selling foreign market textbooks that his relatives shipped to him.  


But the article, if you don't mind me being nit picky, extends those facts to items purchased for personal use.

Well, to me, that seemed to be the message the writer was implying?
Link Posted: 10/7/2012 4:10:09 AM EDT
[#19]
If you look at the Costco case, it might appear this guys problem was the books werent imported by the company but him.
Link Posted: 10/7/2012 4:10:36 AM EDT
[#20]
Link Posted: 10/7/2012 4:13:26 AM EDT
[#21]
Quoted:

Quoted:
Quoted:
Nah he effectively became a dealer selling foreign market textbooks that his relatives shipped to him.  


But the article, if you don't mind me being nit picky, extends those facts to items purchased for personal use.

Well, to me, that seemed to be the message the writer was implying?

Correct they are implying that.  


Even on the outside chance they ruled this applies to items purchased for personal use, how the heck would that EVER be enforced?

Just prohibit things like Ebay, etc.?
Link Posted: 10/7/2012 4:15:30 AM EDT
[#22]
lol.

this way everyone gets to be a felon.

after selling your iphone to your neighbor, all the rest are free
Link Posted: 10/7/2012 4:18:40 AM EDT
[#23]
Quoted:
Quoted:
But the Romney haters keep telling me its not important who chooses the next couple justices to the supreme court.


Small change got rained on with his own 38  ...


good tom waits tune

Link Posted: 10/7/2012 4:19:08 AM EDT
[#24]
Link Posted: 10/7/2012 4:23:03 AM EDT
[#25]
A massive black market would result.
Link Posted: 10/7/2012 4:23:11 AM EDT
[#26]


tldr


brb, gonna sell my nintendo 64 before this judgement comes down.
Link Posted: 10/7/2012 4:24:18 AM EDT
[#27]
Quoted:


tldr


brb, gonna sell my nintendo 64 before this judgement comes down.


Cliff notes:

We are going to love you tenderly.  Affirmed,
Link Posted: 10/7/2012 4:24:41 AM EDT
[#28]
Link Posted: 10/7/2012 4:28:27 AM EDT
[#29]
So, how does this affect my 84 toyota tercel that I am gonna list on craigslist?
Link Posted: 10/7/2012 4:28:43 AM EDT
[#30]


I could swear that this type of issue occurred years ago and it was ruled upon by a high court.

And, it was held that the buyer was violating the first sale rule because he purchased the items for resale and was subject to the publisher's rules for buying those items for resale.

I guess I am wrong though?

ETA:  I swear it was an old case where a guy was buying foreign newspapers and reselling them in the States to immigrants of the same ethnicity?

Another ETA:  Maybe it was an old tax case??  I just can't remember.
Link Posted: 10/7/2012 4:33:58 AM EDT
[#31]
Quoted:
There is another, similar case on this.  Costco v. Omega Watches.  Same setup. Costco lost.


Quoted:
I seriously doubt the SCOTUS will overrule the first sale rule.

It is a VERY old decision.

They chose to sell in the American marketplace.......so our rules apply.........especially one that is over 100 years old for god's sake IMHO.


Certiorari to the Supreme Court of the United States was granted on April 19, 2010.[6] Justice Kagan took no part in the consideration or decision of the case. The remaining Justices split 4–4, which means the Court affirms the Ninth Circuit's decision.[7]
[edit]


Looks like precedent and case law are in favor of the plaintiff in OPs case.  We are screwed.  
Link Posted: 10/7/2012 4:36:28 AM EDT
[#32]
Quoted:
Quoted:
There is another, similar case on this.  Costco v. Omega Watches.  Same setup. Costco lost.


Quoted:
I seriously doubt the SCOTUS will overrule the first sale rule.

It is a VERY old decision.

They chose to sell in the American marketplace.......so our rules apply.........especially one that is over 100 years old for god's sake IMHO.


Certiorari to the Supreme Court of the United States was granted on April 19, 2010.[6] Justice Kagan took no part in the consideration or decision of the case. The remaining Justices split 4–4, which means the Court affirms the Ninth Circuit's decision.[7]
[edit]


Looks like precedent and case law are in favor of the plaintiff in OPs case.  We are screwed.  


Nah, I don't think the SCOTUS will rule that items purchased truly for personal use will violate the first sale rule.

That is what the article was implying IMHO.

You'll still be able to sell stuff you bought for personal use, and not for resale purposes, under the old first sale rule IMHO.
Link Posted: 10/7/2012 4:42:47 AM EDT
[#33]
Awesome, so I can point to this law when my wife asks me why I have a safe load of AKs and say "but the government won't let me sell them".
Link Posted: 10/7/2012 4:45:17 AM EDT
[#34]



Quoted:



Quoted:

But the Romney haters keep telling me its not important who chooses the next couple justices to the supreme court.




Small change got rained on with his own 38  ...




And nobody flinched down by the arcade ....



AB





 
Link Posted: 10/7/2012 4:53:54 AM EDT
[#35]
I just think its great that someone found a way to screw the college book publishers back.  The price on college books is ridiculously high.  Did they think everyone would want to pay their exorbitant prices? Once they started losing money on resale - a new edition started being released every year or two.  You can see through the generations of college books how the quality degrades by this high upkeep and output.  The index and other tools in the back of the book consistently worsen each cycle.

If they really wanted to find a fight worth fighting they should probably be going after the people who scan their books & release searchable PDFs.  Hell at least people can find key words & subjects with the find feature as opposed to the neutered index.

Its very similar to the music/video industry failing to keep up with technology & needs of the end user.  It's only a matter of time before all manufacturing goes through the same thing as the technology revolution marches on.  Paper books are no longer the best way to convey information (and haven't been for some time).  They would be much better off selling a digital copy.  Then begins the debate about copy protection & how they stop students from copy pasting $140 pdf files.  Ridiculous.
Link Posted: 10/7/2012 4:56:43 AM EDT
[#36]
Im not so confident the SC wont rule against us here. Think about it, it MADE it all the way to the SC right?? That means plenty of judges already think we dont have a right to sell our shit.

After The Fucktick ™ took it to America with his fucking of the Constitution I wont put anything past the statists.
Link Posted: 10/7/2012 4:59:34 AM EDT
[#37]
Quoted:
Awesome, so I can point to this law when my wife asks me why I have a safe load of AKs and say "but the government won't let me sell them".


Goodbye used firearms market! . No more gunbroker, Uncle Henry's, pawn shops, trade ins, etc.  American used guns that wouldn't be affected will skyrocket in value in comparison.
Link Posted: 10/7/2012 5:04:39 AM EDT
[#38]
Quoted:
He sold his books and made 1.2 million dollars?


I would assume you went to college. Most CHEAP textbooks used were $150 if you were lucky. I think my engineering books started at $300. Buying a lot of books at $10 and shipping for $1000 on the lot and then selling a few thousand right below college cost.... all profit.
Link Posted: 10/7/2012 5:09:24 AM EDT
[#39]
How could they enforce it? You'd have to register everything you buy, and that would only be step one. There would have to be a way of confirming everything anyone owns is registered to them.  You'd basically have to report every dollar you spend .... Oh I see it now, more tax is collected on 2nd hand sales from the seller on income and the buyer on sales. This bullshit is getting way out of hand, it's not slowly boiling any frog it's more like throwing it into a ladle of molten steel.
Link Posted: 10/7/2012 5:14:42 AM EDT
[#40]
"Land of the Free"


Link Posted: 10/7/2012 5:16:21 AM EDT
[#41]
Link Posted: 10/7/2012 5:21:10 AM EDT
[#42]
Quoted:
He sold his books and made 1.2 million dollars?


This!

I was like WTF

it sounds to me like he was running a buisness
Link Posted: 10/7/2012 5:38:06 AM EDT
[#43]
Quoted:
Quoted:
Quoted:
There is another, similar case on this.  Costco v. Omega Watches.  Same setup. Costco lost.


Quoted:
I seriously doubt the SCOTUS will overrule the first sale rule.

It is a VERY old decision.

They chose to sell in the American marketplace.......so our rules apply.........especially one that is over 100 years old for god's sake IMHO.


Certiorari to the Supreme Court of the United States was granted on April 19, 2010.[6] Justice Kagan took no part in the consideration or decision of the case. The remaining Justices split 4–4, which means the Court affirms the Ninth Circuit's decision.[7]
[edit]


Looks like precedent and case law are in favor of the plaintiff in OPs case.  We are screwed.  


Nah, I don't think the SCOTUS will rule that items purchased truly for personal use will violate the first sale rule.

That is what the article was implying IMHO.

You'll still be able to sell stuff you bought for personal use, and not for resale purposes, under the old first sale rule IMHO.


The question would become "Who gets to define 'purchased truly for personal use' and how would they define it?  How would you document that an item was "purchased truly for personal use"?

ETA This reminds me of the BATF and "being in the business" of dealing firearms when "being in the business" is not clearly defined.

Link Posted: 10/7/2012 5:41:35 AM EDT
[#44]
Quoted:

..............

The question would become "Who gets to define 'purchased truly for personal use' and how would they define it?  How would you document that an item was "purchased truly for personal use"?

ETA This reminds me of the BATF and "being in the business" of dealing firearms when "being in the business" is not clearly defined.



Wait a minute........correct me if I am wrong.

But this case will decide if the business has a right to sue someone for violating their copyrights, etc.

It will not change the first sale rule IMHO.  

Just set up the parameters where someone can say the first sale rule does not apply.

Am I wrong on this?
Link Posted: 10/7/2012 5:44:15 AM EDT
[#45]



Quoted:



Quoted:

He sold his books and made 1.2 million dollars?




Sounds like he set up an importation business, importing the textbooks at significantly discounted prices and selling them here for lower than the retailers but still at a healthy profit.



He'll probably lose. That's not quite the same thing as selling your old iPod on ebay.


But that still shouldn't be illegal.

 



This only adds to my skepticism of copywrite law.
Link Posted: 10/7/2012 5:44:33 AM EDT
[#46]



Quoted:



Quoted:

He sold his books and made 1.2 million dollars?




This!



I was like WTF



it sounds to me like he was running a buisness
TEH OH NOEZ





 
Link Posted: 10/7/2012 5:52:45 AM EDT
[#47]
Quoted:
How could they enforce it? You'd have to register everything you buy, and that would only be step one. There would have to be a way of confirming everything anyone owns is registered to them. You'd basically have to report every dollar you spend .... Oh I see it now, more tax is collected on 2nd hand sales from the seller on income and the buyer on sales. This bullshit is getting way out of hand, it's not slowly boiling any frog it's more like throwing it into a ladle of molten steel.



DING DING DING!!!!  We have a winner.

Link Posted: 10/7/2012 5:58:01 AM EDT
[#48]
You don't "own" SHIT.
Link Posted: 10/7/2012 5:59:04 AM EDT
[#49]
So tell me if first sale applies here.

I buy parts from a distributor to resell. Many of the parts are made overseas. Some are of a patented design produced overseas.
Should I be able to sell those parts without expectation of having to pay a royalty to the manufacturer or patent holder?
Link Posted: 10/7/2012 6:01:34 AM EDT
[#50]
Quoted:

Let's see. Foreign made products would then have almost zero resale value.  Hope they plan on reflecting that in their initial pricing.

That could really backfire on them.

 


Yeah, not very smart.
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