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The First Sale Doctrine is under attack- why this matters to you as a PS3 owner.

#1IHeartMetroidPosted 10/8/2012 12:33:49 AM
You may not have heard this on the news, but a little-talked-about case called Kirtsaeng v. John Wiley & Sons is filtering up to the Supreme Court soon. It's a decision that, if the current decision by the Second Circuit Court stands, will have massive ramifications.

What is this "First Sale Doctrine"?

The "First Sale Doctrine" is a fundamental principle in current US business, a tenet that basically says that if you buy a good, whether it be a book, a television or a bran muffin- that good is yours, and if you don't want it anymore, you have the right to sell it. The case of Kirtsaeng v. John Wiley & Sons involved a young man who was buying textbooks in a place where it was cheap to do so and resold them for a higher price in the US, making a substantial amount of money in the process.

So what does this mean to me? I hate textbooks!

This doesn't apply to just textbooks. It applies to anything manufactured outside the US. If the Supreme Court upholds the law, overnight any company or individual that operates as an importer without explicit permission, any company or individual that resells a used item, will be breaking the law and liable for a lawsuit.

Again, why should I care? What does this have to do with the PS3?

Do you buy used games? Not just from GameStop. mind you- if the Supreme Court upholds this law, every single store that operates by reselling or importing a title will be, virtually overnight, put out of business. You know that companies who hate the used game market are virtually salivating over what this could bring to pass. That means no more used PS3 games again.

Ever.

Thrift stores, pawn shops, Importers and used game sellers, from GameStop all the way down to Al's Games And Music, rely on the foundation of First Sale to stay in business. Without it, they'll be shut down.

I've included a link to the article about the court's decision, if you feel like it's something you want to follow. I just thought you, as PS3 owners, should be aware that a decision is being made that will have very, very broad implications in our industry, and perhaps across the country.

To visit the link you'll need to get rid of the space between "market" and "watch" below, since somehow it's triggering an idiotic "banned word" alert. Anywho.

http://www.market watch.com/story/your-right-to-resell-your-own-stuff-is-in-peril-2012-10-04
#2ShineboxerPosted 10/8/2012 12:36:16 AM
Who cares, I'm not a peasant.
#3Lozh900Posted 10/8/2012 12:49:07 AM
Shineboxer posted...
Who cares, I'm not a peasant.


Enjoy trying to get a job when another million or so people get put out of work because of this. Places shut down, people lose jobs. Simple.

You might have a job right now but no job is guaranteed.

Also money makes the world go round. Less people working means less people with the ability to spend on luxuries. Less money going round means threats to even more jobs.

Pfft, economics is your friend. Learn it.
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#4dankanefanPosted 10/8/2012 12:52:37 AM
Shineboxer posted...
Who cares, I'm not a peasant.


That's the problem with the U.S., people in a good place don't care about those who aren't. That "doesn't affect me so I don't care" mentality is why we're in the mess we're in now.
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#5thisranksPosted 10/8/2012 12:54:10 AM
Hate to say it, but i don't have a problem with this when it comes to video games. People who buy used games rely on those who buy new games. They aren't supporting the people making those games.

If i knew that a portion of used game sales went back to the development team THEN this would annoy me, but it doesn't. I'm not going to have pity for people who rely on other gamers to keep developers afloat so they can play used games. Screw that.
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#6minecraftPosted 10/8/2012 12:55:43 AM
i dont live in the us or buy games form any us games retailer so im g
#7ChaingunmasterPosted 10/8/2012 12:56:41 AM
An amendment this insane will never get approved.
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#8lostnumberwarPosted 10/8/2012 1:06:10 AM
Not to mention that companies can make more off of DLC if more people in the long run can buy their games than are actual copies of the game.
Like if a game only releases 1 million copies that year but turnabout is fast enough where 2-3 million people end up buying the DLC for the used copies they end up with.
You see it all the time somebody buys a game and the DLC and then less than a month later trade it in. The same copy could be sold dozens of times and even if only a quarter of those people buy the DLC that's 2-3 times more than they would have gotten if the first person had just been forced to keep it.
This is of course assuming a lot based on what I have witnessed people do first hand.
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And now for something completely the same.
#9calhoun1389Posted 10/8/2012 1:09:06 AM
thisranks posted...
Hate to say it, but i don't have a problem with this when it comes to video games. People who buy used games rely on those who buy new games. They aren't supporting the people making those games.

If i knew that a portion of used game sales went back to the development team THEN this would annoy me, but it doesn't. I'm not going to have pity for people who rely on other gamers to keep developers afloat so they can play used games. Screw that.


Couldn't have worded it better myself. Used gaming should, imo, only be allowed for discontinued games and consoles. Nothing that the manufacturers are currently shipping out should be bought (by the store from customers) and resold at any store of any kind. Want a recent game? Pay the developers. Want an N64 or PS2 game? Have at and visit your local used game shop.


Chaingunmaster posted...
An amendment this insane will never get approved.


This is true. Too many people in this country depend on buying used cars and car parts for this to be passed.
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#10ozranPosted 10/8/2012 1:10:27 AM(edited)
the guy is in trouble only because he did not buy the books here in the US so when he got them from Thailand and then resold them in the US he was breaking the law.

If he had bought them in the US and then sold them in the US he would have been in the clear

this would only apply to gamers who imported games from another country into the US and then tried to resell them in the US
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