FYI ...Your right to resell your own stuff is in peril

[ThinkRight]

CHICAGO (MarketWatch) — Tucked into the U.S. Supreme Court’s agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.

At issue in Kirtsaeng v. John Wiley & Sons is the first-sale doctrine in copyright law, which allows you to buy and then sell things like electronics, books, artwork and furniture, as well as CDs and DVDs, without getting permission from the copyright holder of those products.

http://www.marketwatch.com/story/your-right-to-resell-your-own-stuff-is-in-peril-2012-10-04

May not mean anything to some but.....

 

[john1]

Yeah, I'll sell what i want when i want. If i bought it, I'm selling it at some point. This counties going in the crapper i swear. I don't even understand all this politics crap but do know a good screwing when i see one.

 

[SignosaurusRex]

Might be a good thing....encouragement to buy American made again, create new jobs in technology and manufacturing arenas that have gone abroad and help get the ball rolling in the right direction for a change. Reduce imports and increase exports.

 

[john1]

Yeah but hardly anything we use in our industry is made in America. Not our Rolands, Mutohs or Mimaki machines. (among others)

 

[WildWestDesigns]

Yeah, I'll sell what i want when i want. If i bought it, I'm selling it at some point. This counties going in the crapper i swear. I don't even understand all this politics crap but do know a good screwing when i see one.

You have to be careful here. Sometimes what you bought wasn't the item, but the right to use that item. Such as software. You didn't buy the software itself, but the right to use that software. Depending on the contract that you entered into (EULA), you may not have that right to give the next person the right to use that software. And by using that software, you entered into that contract (rather you read it or not) and in effect, it's just like giving your word that you will abide by it.

This is actually very similar to us sending out quotes with artwork attached (even if it's just low res raster images). Our customer's EULA(which is the intent of the approval sheet) for that does not include them going to another shop to get the work done cheaper using our artwork.

I see what essentially amounts to EULAs in emails from people on here and my other customers. If software EULA's mean nothing to some on here, then what is the point of us putting them on our stuff and expect protection?

Yes, some things do suck, no doubt. However, just be careful on your stance on some issues. As they can bare remarkable likeness to what some of our customers do to us and I'm willing to bet that most of the time they did it because they thought some rule sucked (or more likely our price) and they weren't going to follow the rules.

These things are very much double edged swords.

 

[SignosaurusRex]

Yeah but hardly anything we use in our industry is made in America. Not our Rolands, Mutohs or Mimaki machines. (among others)

You help make my point.

 

[john1]

You help make my point.

What i am saying is, A huge chunk of all of our (members here) machines are made outside the USA, Nothing you can do about it really. They aren't going to change their operations when they are stuck in the way it's been for decades now.

 

[visual800]

Ill add to that if I bought it Ill sell it software included! When did we start tiptoeing around what laws and rules are out there. I do not and will not.

 

[WildWestDesigns]

Ill add to that if I bought it Ill sell it software included! When did we start tiptoeing around what laws and rules are out there. I do not and will not.

I actually thought of you when I made that post.

If you do not follow laws and principles, why would you expect your customers to do so and why would you complain when they do not follow everything?

Your customers can use the same logic that you just did when they rip you off, either by not paying or by going to someone cheaper then you, but taking your artwork with them. It's the same thing. Slightly different agreement, but it's against the same contract that you don't mind breaking by reselling software that you legally do not have the ability to do so. And you gave up that ability voluntarily, rather you realized it or not, when you started using it if it was apart of the EULA (doesn't matter if you read it or not, you still entered into that contract by using the software).


Some laws do suck. I'm not saying that they don't, but when you entered into a contract willingly and it contains something that you don't want to do, don't enter into the contract (it pays to read the thing). I have one software that costs 15k, I can promise you, I've read the EULA. $30-$40 program, I may not (probably won't), but the programs that I use for business, I will read it. Oh by the way, you won't see that 15k program on ebay, I just checked, they police their contracts very aggressively.

Now, I'm only arguing this point for things like software, clipart, and fonts. The furniture, movie and movie players, CDs etc, I don't recall similar restrictions (EULAs) when I purchased those and if they had none, then there shouldn't be any expectation of protection from this. Movies do have their own EULAs (only for private viewing etc), but I don't recall them affecting resale. So don't think I'm arguing this way for everything.

 

[CES020]

Yeah but hardly anything we use in our industry is made in America. Not our Rolands, Mutohs or Mimaki machines. (among others)

Don't forget your car.

If you drive a Ford,Chevy, or Chrysler, you won't be able to sell that either. None are made in the USA by this classification.

Essentially, you won't be allowed to sell anything you bought.

 

[sportycliff]

Might be a good thing....encouragement to buy American made again, create new jobs in technology and manufacturing arenas that have gone abroad and help get the ball rolling in the right direction for a change. Reduce imports and increase exports.

Loss of Liberty in NEVER a good thing...

 

[ucmj22]

Might be a good thing....encouragement to buy American made again, create new jobs in technology and manufacturing arenas that have gone abroad and help get the ball rolling in the right direction for a change. Reduce imports and increase exports.

The government legislating behavioral changes a good thing? Highly doubt it. if anything this will hurt american businesses. bye bye ebay, craigslist, used option on Amazon, and you better not plan on getting rid of any of your equipment without paying a royalty to the manufacturer. Depending on how this comes down, you might not be able to sell your car that contains foreign components without royalties. I think people forget how quickly government tends to outgrow its britches.