Two And A Half Minute Video Explains How The Ability To Sell Stuff You Legally Purchased Is At Risk

from the you've-been-owned dept

As we wait patiently for the Supreme Court to decide the Kirtsaeng case, concerning whether or not you can resell goods that were made outside the US but that can be covered by copyright inside the US, the folks at Demand Progress have put together a nice two and a half minute video highlighting the possible consequences of a ruling that goes against first sale rights and limits your ability to freely sell items you legally purchased. While it may seem premature to be discussing this before the eventual ruling, having more people understand why this is a vitally important issue is helpful, so that we can either push for legislation to fix a bad ruling, or (hopefully) resist a push in the other direction by companies seeking to stomp out first sale rights.

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  1. icon
    Mike Masnick (profile), 6 Mar 2013 @ 1:38am

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    This isn't an area where I have great depth. How is the first sale doctrine apply in the plumbing case. It is purchased abroad and imported by Joe's Plumbing Supply. Joe sells it to Home Depot or me directly. I install it in my bathroom and later sell the house to you. It seems we're well beyond the first sale. Am I missing something?

    "First sale" doctrine doesn't apply to just literally "the first sale." It just means that you can resell what you've bought without having to get approval.

    Not sure your familiarity with the law, but it's basically a form of "exhaustion."

    But the issue with trademark is that you can, for the most part, legitimately resell something with someone's trademark on it, so long as it's not done in a way to confuse people about the origins or to harm the brand (loosely speaking).

    So, really not an issue in the Omega case.

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