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Old 12-12-2012, 09:44 AM   #1 (permalink)
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Default Items in your annual garage sale may soon be illegal to sell

Been seeing a few articles and youtube videos about this. The supreme court is hearing a case where they are trying to make it illegal to re-sell your own items on sites like ebay if the items were manufactured outside the USA. Tjis is based on a supreme court case going on now between Kirtsaeng v. John Wiley & Sons, which challenges the first-sale doctrine in the copyright law.

http://www.huffingtonpost.com/2012/1...n_2039997.html
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Old 12-12-2012, 10:17 AM   #2 (permalink)
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I'm reading The World is Flat by Thomas Friedman for my Corporate Finance class. More evidence that the economic landscape is flattening, which I believe is better for all of us.
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Old 12-12-2012, 11:00 AM   #3 (permalink)
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what does this have to with garage sales the person bought the items himself, so he should be able to do whatever he wants with them. the guy bought books cheaper in one country and then sells them to the place where it is higher priced and profits.
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Old 12-12-2012, 11:09 AM   #4 (permalink)
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This means that if this passes you cannot re-sell your used laptop computers, CD's, DVd's, Blu-Ray, certain types of clothes, etc...
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Old 12-12-2012, 11:10 AM   #5 (permalink)
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Epic US government fail once again.

Disclaimer- I noticed the source article, and being as how it is the Huffington Post, I didn't read it.
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Last edited by Ray27Ray52; 12-12-2012 at 11:14 AM.
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Old 12-12-2012, 11:11 AM   #6 (permalink)
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what does this have to with garage sales the person bought the items himself, so he should be able to do whatever he wants with them. the guy bought books cheaper in one country and then sells them to the place where it is higher priced and profits.
I agree with this.

There was a thread like this this past summer in which I posted about garage sales being taxable income here in Canada. Or atleast in Ontario.

They have "sniffer" govt workers who take on leads and drive around different parts of the city to keep track of garage sales. If you have more than 1 garage sales, you are told to declare all revenues from this sale as apart of your taxes. You are filed. Also, the send it agents to check out what you have for sale. All goods for sale must be used or can be new but show no intention of moving quantity of goods that should be sold in a retail location.

This all took place because they busted small furniture stores that held weekly sells of new furniture as garage sales. No sales tax and discounted lots sold by people who were moving over stock. Became a big business as many other garage sales starting popping up selling packaged new in box goods for cash! They caught on pretty fast.

The govt is on top of this stuff fast if it affect taxation revenue leakage!! lol
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Old 12-12-2012, 11:15 AM   #7 (permalink)
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Originally Posted by KeithKards View Post
This means that if this passes you cannot re-sell your used laptop computers, CD's, DVd's, Blu-Ray, certain types of clothes, etc...
Not true. If you bought them in the US, you can re-sell them all you want. It's not about where they were manufactured so much as it's about where they were first sold by the manufacturer.


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The issue at the Supreme Court concerns what protection the holder of a copyright has after a product made outside the United States is sold for the first time. In this case, the issue is whether U.S. copyright protection applies to items that are made abroad, purchased abroad and then resold in the U.S. without the permission of the manufacturer.
In many cases even for items sold outside the US, the manufacturers don't care. In this case it is important because of the markup on textbooks in the US.
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Old 12-12-2012, 11:21 AM   #8 (permalink)
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This means that if this passes you cannot re-sell your used laptop computers, CD's, DVd's, Blu-Ray, certain types of clothes, etc...
i'm not buying textbooks from japan to sell at a garage sale though.
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Old 12-12-2012, 11:21 AM   #9 (permalink)
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I forgot to put in there that this is only for items that were bought originally ovesees.

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Not true. If you bought them in the US, you can re-sell them all you want. It's not about where they were manufactured so much as it's about where they were first sold by the manufacturer.




In many cases even for items sold outside the US, the manufacturers don't care. In this case it is important because of the markup on textbooks in the US.
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Old 12-12-2012, 12:00 PM   #10 (permalink)
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I forgot to put in there that this is only for items that were bought originally ovesees.
And only the first sale is of concern. The article doesn't mention items other than those with intellectual property printing protection. Doesn't mention patented or trademarked items. Looks like this would only pertain to written documents, music and the like.

Up next: TSA agents screen passengers for copywritten items as they arrive in the United States. All copywritten items manufactured overseas that lack proof of purchase prior to trip are accessed a tariff.
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Old 12-12-2012, 12:31 PM   #11 (permalink)
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I've bought $1 items at garbage sales and sold them for $20+ on eBay...

It is fun, don't do it anymore though.
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Old 12-12-2012, 02:56 PM   #12 (permalink)
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So now Homeland Security will be trolling garage sales? Will they check your papers while they are at it?
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Old 12-12-2012, 03:09 PM   #13 (permalink)
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How would they know where you orginally bought an item?
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Old 12-12-2012, 03:18 PM   #14 (permalink)
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Quote:
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How would they know where you orginally bought an item?
When sell $900K in textbooks on eBay, the manufacturer probably tells them.
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Old 12-12-2012, 04:54 PM   #15 (permalink)
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I actually watched a short news story about this the other week, and I want to clear some things up.

The law is just against selling something made in a different country that has a United States trademark. So it's fine to sell a DVD player that was made in another country by an lisenced company, but it's not okay to sell a copy of The Transformers DVD that was made in another country not authorized by the original manufacturer.
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Old 12-13-2012, 09:43 AM   #16 (permalink)
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Quote:
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So now Homeland Security will be trolling garage sales? Will they check your papers while they are at it?
No, no, just IRS agents
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Old 12-13-2012, 10:55 AM   #17 (permalink)
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Quote:
Originally Posted by mmbtvs View Post
I actually watched a short news story about this the other week, and I want to clear some things up.

The law is just against selling something made in a different country that has a United States trademark. So it's fine to sell a DVD player that was made in another country by an lisenced company, but it's not okay to sell a copy of The Transformers DVD that was made in another country not authorized by the original manufacturer.
This makes no sense in that the textbooks were printed and sold by the same company that sells them in the US, they are not knockoffs, the company just sells them for a lot more here than there.

I'm not saying you are wrong, it just seems fubar.
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