KymcoForum.com
General => General Discussion => Topic started by: Wiz on October 30, 2012, 04:01:44 PM
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The Supreme Court is going to judge on a case to decide if anything manufactured "offshore" can be resold without the manufacturers permission.
If this passes it basically means that in the US when you "buy" something you are only paying for the right to use it and the manufacturer still owns it. I can't believe this is even being considered. IMO it should have been thrown out long before it even made it to the Supreme Court.
Because all Kymco's are manufactured offshore this ruling will effect everyone on this forum who lives in the US.
http://boingboing.net/2012/10/29/act-now-your-right-to-own-pro.html (http://boingboing.net/2012/10/29/act-now-your-right-to-own-pro.html)
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The Supreme Court is going to judge on a case to decide if anything manufactured "offshore" can be resold without the manufacturers permission.
If this passes it basically means that in the US when you "buy" something you are only paying for the right to use it and the manufacturer still owns it. I can't believe this is even being considered. IMO it should have been thrown out long before it even made it to the Supreme Court.
Because all Kymco's are manufactured offshore this ruling will effect everyone on this forum who lives in the US.
http://boingboing.net/2012/10/29/act-now-your-right-to-own-pro.html (http://boingboing.net/2012/10/29/act-now-your-right-to-own-pro.html)
While this is stupidity at its best, it clearly refers only to items that bear copyrighted patents or authors' rights like books, some electronics etc. Not scooters.
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Its unpolice-able even if it did include other items. How could anyone prove you sold anything if it was a private arrangement between 2 people? The courts would collapse under the weight of cases if they even tried. Isnt this related to the Bruce Willis story a few weeks ago where he supposedly complained that his iPod collection of music could not legally be passed to his kids after his death? Apparemtly when you buy from Apple's iTunes store you only rent the data, you dont own it, another Apple rip-off.
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http://www.latimes.com/news/opinion/editorials/la-ed-copyright-supreme-court-first-sale-20121030,0,5096540.story (http://www.latimes.com/news/opinion/editorials/la-ed-copyright-supreme-court-first-sale-20121030,0,5096540.story)
October 30, 2012
In a battle pitting copyright owners against consumers and retailers, the Supreme Court heard a case Monday that could decide how much control manufacturers can exert over their products after they've been sold. At issue is whether the "first sale" doctrine — which lets people who buy copyrighted works resell, rent or donate them as they please — applies to goods made outside the United States and then imported into the country. If it doesn't, that could spell trouble not just for "gray market" retailers — who buy products in foreign countries at a discount, then resell them here — but also for libraries, second-hand stores, used-car dealers and others who lend or resell imported goods.
The case focuses on the book-reselling feats of Supap Kirtsaeng, a Thai native who studied math at Cornell University and USC. Kirtsaeng's family shipped him low-cost textbooks made in Thailand that he resold on EBay, earning $900,000. But publisher John Wiley & Sons sued him in 2008, alleging that he infringed the copyrights of eight of its textbooks that he resold. Because the books weren't made in the United States, a federal judge rejected Kirtsaeng's claim that he was protected under the first-sale doctrine, and the U.S. 2nd Circuit Court of Appeals agreed.
Federal law says that the owner of any "lawfully made" copy of a work may "sell or otherwise dispose" of it without the copyright owner's authorization. But it also says that importing copies made overseas violates the copyright owner's exclusive right to distribute that work in the United States, with limited exceptions.
The courts have struggled to balance those competing clauses, with three appeals courts issuing conflicting rulings and the Supreme Court deadlocking in 2010. Kirtsaeng's attorneys, however, offer a sensible interpretation consistent with the long-standing meaning of the first-sale doctrine. Under their view, the import ban applies to goods made in ways that would violate U.S. copyright law, and to imports of goods that hadn't been sold — for example, when the copy had been rented or stolen. In all other cases, they argue, buyers should receive the full protection of the first-sale doctrine.
Manufacturers understandably chafe at the gray market because it undermines their ability to set lower prices in less-developed countries. But they have other ways to discourage this kind of importing. And denying first-sale protection to all goods made outside the United States would give manufacturers a perverse incentive to shift production to other countries or seek copyright protection for products that wouldn't otherwise qualify for it. The gray market may be a problem for manufacturers, but the Supreme Court shouldn't stretch copyright law to solve it for them.
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On the one hand youre told to recycle and be green and then........
I doubt used car dealers and new car dealers will let this go thro, they would be out of business, as would pawnbrokers, auction houses, classified ads companies, even ebay would be at risk of prosecution. Too much to lose for too many people as far as i see for them to get away with it. How many bike and scooter manufacturers are US companies? Not to mention how many electronic and electrical manufacturers are foreign. I guess most come from abroad nowadays.
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How about they spend taxpayer's money on better issues.... like the hungry, the homeless, the sick...
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its just a big joke I dont beleave it.
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How about they spend taxpayer's money on better issues.... like the hungry, the homeless, the sick...
That makes too much sense to happen in real life politics.
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How about they spend taxpayer's money on better issues.... like the hungry, the homeless, the sick...
You are just too funny!
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You are just too funny!
;D ;D ;D
I'll just sell pet rocks.... makes more sense...
(http://3g-pr.com/wp-content/uploads/2012/06/image001-1.jpg)