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Could selling your old video games soon become Illegal?

#1GrimKusanagiPosted 10/10/2012 6:51:42 PM
Have you ever sold something at a garage sale? How about an old used car or truck?

Shockingly, your rights to sell your own property could be in jeopardy, and it all hinges on how the Supreme Court rules later this fall.

The upcoming court case, Kirtsaeng v. John Wiley & Sons, will decide whether or not you to have the right to buy and then sell things like electronics, used CDs, DVDs and Video Games, books, artwork, furniture and a variety of other products without getting permission from the original copyright holder. As crazy as that sounds, it would literally mean having to get permission from a company like Apple to sell your old Iphone.

The case originally started after a college student discovered that buying his textbooks from Thailand was cheaper than buying them here is the States. He then bought a large number of textbooks and began reselling them to students on ebay. The publisher of the textbooks, who admits that they sell these books at a deep discount overseas, then decided to sue the student for copyright infringement.

Under current copyright laws, the manufacturer of a product only had control of the first sale. But depending on how the court rules, the copyright holder may now be able to deny your right to sell your own used products, or require you to pay a fee when you sell that product. The coming Supreme Court decision could affect any products that are manufactured, printed or designed overseas – which is about 99% of the crap that’s now sold in this country – and could significantly impact websites like ebay, Amazon and Craigslist.

Should the Supreme Court side in favor of the publisher, it would have wide reaching implications that would affect the sale of pretty much any used products.


Now aint that a *****!
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#2SunDevil77Posted 10/10/2012 6:53:57 PM
They can't and wont enforce it
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Fish, for sport only, not for meat. Fish meat is practically a vegetable
#3Arucard05Posted 10/10/2012 7:07:37 PM
From: SunDevil77 | #002
Fish, for sport only, not for meat. Fish meat is practically a vegetable


http://graphics8.nytimes.com/images/2010/12/09/arts/pyramid/pyramid-jumbo.jpg
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#4SunDevil77Posted 10/10/2012 7:22:46 PM
Arucard05 posted...
From: SunDevil77 | #002
Fish, for sport only, not for meat. Fish meat is practically a vegetable


http://graphics8.nytimes.com/images/2010/12/09/arts/pyramid/pyramid-jumbo.jpg


I actually just ordered a shirt with the pyramid on it :)
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Fish, for sport only, not for meat. Fish meat is practically a vegetable
#5Arucard05Posted 10/10/2012 7:28:23 PM
Old Wooden Sailing Ships

They're beautiful
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#6BTM4444Posted 10/10/2012 10:22:17 PM(edited)
Lol Yea ok just try and make me follow this. Anyways nice find tc!, didn't know about this until now!
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#7LuckNotDoWithItPosted 10/10/2012 10:22:39 PM
They will never make selling games illegal, don't worry about that. Also the Supreme's Citizens United decision is being challenged in court with several appeals that will quash it.
#8RenamonPosted 10/10/2012 10:30:39 PM
Yeah, that judge better think hard before he makes his ruling, saying that selling used stuff is illegal will cripple ... well ... so much stuff.

Maybe it'll be for the good, because GameStop will finally be gone, lol.
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#9WinternovaPosted 10/10/2012 10:35:46 PM
*sigh* So many people ignorant of copyright law, so little time.

This case will NOT impact your ability to sell your used games. I guarantee it.

http://gamepolitics.com/2012/06/18/some-analysis-first-sale-doctrine-case-headed-supreme-court#.UHZac2_A84J

While the conclusion of the 2nd Circuit states that “the first sale doctrine does not apply to copies manufactured outside of the United States”, this language is actually not the full decision in this case. What the court actually rules is that the first sale doctrine does not apply to goods manufactured outside of the United States which are imported without the rights-holder’s permission.

In the Kirtsaeng case, the products in question were marked with notices limiting where the books in question could be sold. Further, textbook manufacturers often do make material changes in the products themselves; most often in the materials used in manufacturing. The 2nd Circuit Court of Appeals ruling, which has been appealed to the United States Supreme Court, states that the private importation of these foreign manufactured goods are not covered by the first sale doctrine.

The video game industry is different, and there is a critical distinction to be noted when it comes to used sales. Even if video games are manufactured overseas, most are imported into the country under authority of the rights-holder. This step, despite the 2nd Circuit’s decision, should protect the used games market in America from the problems in this case. This means that once you purchase a game from GameStop, Wal-Mart, or any other major retailer, the first sale doctrine would still apply. One could argue that the 2nd Circuit’s decision makes this point unclear, but any other reading would strike all meaning from the statutory language. The Supreme Court is likely to clarify this point regardless of anything else its decision may contain.

This does not mean the video game industry will be completely immune from this decision. Even with this more limited reading of the lower court’s decision, private game imports could be a violation. If you are a gamer that buys import games from Japan, that practice could be threatened. However, that practice has already been greatly curtailed by region locking hardware.

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#10WinternovaPosted 10/10/2012 10:39:39 PM
LuckNotDoWithIt posted...
They will never make selling games illegal, don't worry about that. Also the Supreme's Citizens United decision is being challenged in court with several appeals that will quash it.


You can't have a lower court supersede the Supreme Court. You can't appeal a Supreme Court ruling. If you try to challenge the law in court, the court will simply say "Res Judicata" and dismiss your case. :-)
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