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10-08-2012, 11:24 AM | #1 |
Snake Killer
Join Date: Oct 2009
Location: Davie, Fla
Posts: 19,496
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Folks this is serious business. The US Supreme Court currently has a case on it's docket that if the lower courts ruling is upheld would gut the First Sale Doctrine.
See this ARTICLE for all the specifics. See this PAGE for details on the First Sale Doctrine. Basically what it boils down to is this: No more secondary market as we know it. You would have to get permission from the manufacturer to resell their goods and if they grant permission they get a percentage of the proceeds. Now you may say; "This only applies to stuff made outside of the US.". Here's the catch the US makes almost nothing, even then we still use foreign components. You wouldn't be able to sell a toy, your car or great-granny's jewelery without proper permission. We as consumers would own NOTHING.
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He who fights with monsters should look to it that he himself does not become a monster.And when you gaze long into an abyss the abyss also gazes into you. |
10-08-2012, 11:50 AM | #2 |
XXXtreme Keyboarder
Join Date: Apr 2011
Location: satan's skillet
Posts: 4,070
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10-08-2012, 12:28 PM | #3 |
Crimson Guard
Join Date: Sep 2007
Location: Houston, Tx
Posts: 2,197
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With every revolution comes new opportunities.
But really, it looks like some lawyer taking advantage of the fact that the original language of the law wasn't foreward thinking enough. That lawyer, inturn doesn't care about the impact of his or her actions beyond the outcome of this case. Last edited by txbart; 10-08-2012 at 12:47 PM.. |
10-08-2012, 12:48 PM | #4 |
#voteblackjack
Join Date: Sep 2008
Location: Northwood, NH
Posts: 35,747
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If it was really going to affect the secondary market so badly, I think EBay would be all over this with announcements, warnings, e-mails, etc... and since they're not I don't know if it's as serious as being indicated.
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10-08-2012, 12:49 PM | #5 |
Junkion Astronomer
Join Date: Nov 2008
Location: Astro City
Posts: 2,417
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Look at this page (conclusion section)
- Google Scholar "The court holds that 1st sale docterine does not apply to items made outside USA." Who the hell sells his books on E-bay? And who the hell pays $1.2M for a used school book? There's something very fishy about this case.
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Check out my ongoing polls http://www.hisstank.com/forum/g-i-jo...ml#post3818441 Find My Toy Reviews Here: http://www.youtube.com/user/Wolfman9999WWE Last edited by CobraOfficer999; 10-08-2012 at 01:06 PM.. |
10-08-2012, 12:52 PM | #6 |
lets talk about cats
Join Date: Jan 2008
Location: EAST COAST
Posts: 4,342
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10-08-2012, 12:55 PM | #7 |
Crimson Guard
Join Date: Sep 2007
Location: Houston, Tx
Posts: 2,197
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So then it still wouldn't impact anything that was originally intended for sale within the U.S., only those items that have been imported (like Takara TFs).
The point of contention is that the defendant tried cutting in on the plantiffs profits by circumventing their distribution scheme. Had the plantiff sold the books at an equitable price worldwide, the defendant would have had nothing to take advantage of. Last edited by txbart; 10-08-2012 at 12:58 PM.. |
10-08-2012, 12:59 PM | #8 |
Plays with toys
Join Date: Sep 2011
Location: Death from above!
Posts: 1,113
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We live in the age of greed.
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10-08-2012, 01:30 PM | #9 |
Snake Killer
Join Date: Oct 2009
Location: Davie, Fla
Posts: 19,496
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Quote:
With every revolution comes new opportunities.
But really, it looks like some lawyer taking advantage of the fact that the original language of the law wasn't foreward thinking enough. That lawyer, inturn doesn't care about the impact of his or her actions beyond the outcome of this case. Quote:
Look at this page (conclusion section)
- Google Scholar "The court holds that 1st sale docterine does not apply to items made outside USA." Who the hell sells his books on E-bay? And who the hell pays $1.2M for a used school book? There's something very fishy about this case. Plenty of people sell books on ebay. I can't see a book going for that price unless it's the first printing of a classic NOT a textbook. I think you'd head to some fancy auction house with that kind of item, not ebay. Quote:
So then it still wouldn't impact anything that was originally intended for sale within the U.S., only those items that have been imported (like Takara TFs).
The point of contention is that the defendant tried cutting in on the plantiffs profits by circumventing their distribution scheme. Had the plantiff sold the books at an equitable price worldwide, the defendant would have had nothing to take advantage of.
__________________
He who fights with monsters should look to it that he himself does not become a monster.And when you gaze long into an abyss the abyss also gazes into you. |
10-08-2012, 02:07 PM | #10 |
Crimson Guard
Join Date: Sep 2007
Location: Houston, Tx
Posts: 2,197
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Quote:
The plantiff is pissed 'cause the defendant made the profits that they felt was theirs. |
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