Writing in MarketWatch, Jennifer Waters explains the implications of a Supreme Court case, Kirtsaeng v. John Wiley & Sons, which turns on the question of whether you have the right to re-sell things you buy out of the country, or whether the copyrights embodied by your phones, clothes, gadgets, books, music, DVDs, and other possessions mean that you can't sell your stuff without permission from the original manufacturer.
Following Wiley's theory, you don't really own most of your possessions. You share ownership in your goods with the companies that made the goods you "bought" from them, and they get a veto over your disposal of them, and can also demand a cut of the proceeds.
Put simply, though Apple has the copyright on the iPhone and Mark Owen does on the book “No Easy Day,” you can still sell your copies to whomever you please whenever you want without retribution.
That’s being challenged now for products that are made abroad and if the Supreme Court upholds an appellate court ruling it would mean that the copyright holders of anything you own that has been made in China, Japan or Europe, for example, would have to give you permission to sell it.
“It means that it’s harder for consumers to buy used products and harder for them to sell them,” said Jonathan Bland (sic: Jonathan's surname is actually "Band"), an adjunct professor at Georgetown University Law Center, who filed a friend-of-the-court brief on behalf of the American Library Association, the Association of College and Research Libraries and the Association for Research Libraries. “This has huge consumer impact on all consumer groups.”
Your right to resell your own stuff is in peril
US court records are not copyrighted, but the US court system operates a paywall called “PACER” that is supposed to recoup the costs of serving text files on the internet; charging $0.10/page for access to the public domain, and illegally profiting to the tune of $80,000,000/year.
Semihandmade started out as a Los Angeles cabinetmaker called “Handmade,” but when they got a commission to design aftermarket doors for a cheap and surprisingly robust set of Ikea kitchen cabinets, they realized that they could supply excellent-looking, high-spec kitchens at a tiny price by just manufacturing replacement doors for Ikea’s ubiquitous cabinetry.
The mystery of yesterday’s India-wide censorship orders which blocked the Internet Archive from the world’s largest democracy has been solved: it was the result of complaints by two Bollywood studios, Prakash Jha Productions and Red Chillies Entertainment, who chose to target infringing copies of their movies by securing an injunction at the High Court of […]
The Pry.Me Bottle Opener holds tens of thousands of times its own weight, and you can pick one up now from the Boing Boing Store.This remarkable keychain is considerably smaller than any of your keys, but don’t let that fool you: it can easily open any bottle, and could even tow a trailer full of […]
Guaranteeing your privacy online goes way beyond checking the “Do Not Track” option in your browser’s settings. To ensure that your internet activity is totally hidden from Internet Service Providers, advertisers, and other prying eyes, take a look at Windscribe’s VPN protection. It usually costs $7.50 per month, but you can get a 3-year subscription […]
This project management bundle will help you get organized and learn how to lead a team to success. You can pay what you want for these five courses when you pick them up from the Boing Boing Store.To help you become an invaluable asset for your company, this bundle includes a curated collection of professional […]