Reflections Posted October 8, 2012 Share Posted October 8, 2012 According to this article..... http://www.marketwatch.com/story/your-right-to-resell-your-own-stuff-is-in-peril-2012-10-04 The used homeschool book market could become a black market??? The article points out: It could be a book that was written by an American writer but printed and bound overseas, or an Italian painter’s artwork. Soooo.... what if? Quote Link to comment Share on other sites More sharing options...
ILiveInFlipFlops Posted October 8, 2012 Share Posted October 8, 2012 According to this article..... http://www.marketwatch.com/story/your-right-to-resell-your-own-stuff-is-in-peril-2012-10-04 The used homeschool book market could become a black market??? The article points out: Soooo.... what if? I don't see it ever happening, honestly. I'm sure manufacturers and publishers would LOVE it, but it's not realistic, and the backlash would be gigantic. Quote Link to comment Share on other sites More sharing options...
bobbeym Posted October 8, 2012 Share Posted October 8, 2012 I'd think this would be hard to monitor and enforce, except for larger sites like ebay or such. It's not like there's police manpower available to visit every single local used book sales and garage sales though. On the other hand, it might mean an increase in local mom-n-pop shops again. Quote Link to comment Share on other sites More sharing options...
MrsBanjoClown Posted October 8, 2012 Share Posted October 8, 2012 How would that work when companies like Wal-Mart purchase items from overseas and then sell them? Quote Link to comment Share on other sites More sharing options...
AimeeM Posted October 8, 2012 Share Posted October 8, 2012 If that were to happen, I see an increase in The Hive sharing lesson plans and home made curricula :D Quote Link to comment Share on other sites More sharing options...
amyco Posted October 8, 2012 Share Posted October 8, 2012 I don't see it ever happening, honestly. I'm sure manufacturers and publishers would LOVE it, but it's not realistic, and the backlash would be gigantic. I agree. Can you imagine? Every consignment store, antique dealer, used book store, and garage sale would be in danger. I think the Supreme Court should uphold the first sale doctrine but still tell the guy he was wrong--he was clearly acting as a business--because really, who reads $1.2 million worth of textbooks? The law is applied differently to businesses, which is why businesses can purchase new items made overseas and "sell" them here, even when technically they are "reselling." Not to mention the fact that these books are vastly inferior to the books sold here--cheaper paper, worse ink, and who knows what kind of chemicals used the manufacture them that wouldn't be allowed in the US. Quote Link to comment Share on other sites More sharing options...
LMA Posted October 8, 2012 Share Posted October 8, 2012 I have seen an op-ed saying it could be possible that this could apply to things like cars. If your car has a trademarked item and is made elsewhere, they could block used car sales. Quote Link to comment Share on other sites More sharing options...
Violet Crown Posted October 8, 2012 Share Posted October 8, 2012 Well, it's not clear to me that it would have a great effect on homeschoolers, but I think it's rash to say that the Supreme Court won't find for the publishers. I gather the 2nd and 9th federal circuits (the latter in Omega v. Costco) - that's New York and California, where copyright issues are very important - have both agreed that the First Sale Doctrine doesn't protect the reseller. Look at it from the point of view of an international publisher. You want to sell your books in the US, the Philippines, Canada, Mexico, wherever. You can't sell them at the same price in every country; they can't pay American prices in the Philippines, or Canadian prices in Mexico. But all an enterprising American has to do is buy up truckloads of your books in Manila, ship them to California, and make far more money than it cost to ship them. And under the First Sale doctrine, the publisher can't do anything. They've effectively lost their distribution rights because of the doctrine. So maybe it's not so straightforward. Quote Link to comment Share on other sites More sharing options...
Crimson Wife Posted October 8, 2012 Share Posted October 8, 2012 The simple solution would be to exempt re-sales from individuals grossing less than a certain amount per year. Somebody making $1.2M would be affected, but me selling my old Toyota for $5k or whatever wouldn't be. Quote Link to comment Share on other sites More sharing options...
Mary in VA Posted October 8, 2012 Share Posted October 8, 2012 It seems to me the case going to the Supreme Court is clearly distinguishable from individuals selling their own personal goods. If this guy was selling college books on ebay and made over a million dollars, they weren't his own personal books that he used in class. They were books he had shipped to him to sell and make a profit. So the Supreme Court could say that was illegal, but individuals selling their used items would be exempt. Mary Quote Link to comment Share on other sites More sharing options...
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