US court ruling could ban the sale of used video games

[CptStern]

TLDR: Omega (watches) sued Costco for selling Omega watches made overseas through a 3rd party, the court ruled in favor that the right of first sale only applies to works made in the US, works made outside the US do not apply. (In this case , the court found for Omega since the watches were made overseas).

Ars Tech speculates (as well as the EFF), all copyright publishing companies now have to do is print CDs and DVDs and whatnot overseas, plant their US copyright logo on it, and bam, used sales only as allowed by the copyright owner.

Let's say a relative gave you an imported Omega watch over the holidays. It's a nice piece, but it's not exactly your style, so after agonizing over the issue for the appropriate number of months, you decide to sell it over eBay.

Not so fast. Thanks to a decision by the Ninth Circuit Court of Appeals, that might not be so easy. In fact, the store that sold it, Costco, shouldn't have sold it in the first place, the court recently ruled, because the doctrine of "First Sale" has limits. Section 109 of the Copyright Act says that a copyright owner of a product has the sole initial right to distribute it. Then the subsequent buyers have the right to "to sell or otherwise dispose of the possession of that copy"â??in other words, sell it again.

But now the Ninth Circuit says this doesn't necessarily apply to items in which a company's copyrighted logo was inscribed on a product made abroad, as in this case. The Public Knowledge advocacy group calls this decision "a terrible idea," and has filed an amicus brief with the Supreme Court, which is reviewing the case.

http://arstechnica.com/tech-policy/...uy-an-imported-watch-do-you-really-own-it.ars


this will also effect resales of imported gadgets

 

[Mogi67]

Good luck with craigslist

 

[CptStern]

that's not the point; it could literally kill EB games who surprise surprise make a lot of $$$ on used game sales

 

[Tyguy]

The Copyright Wars has a nice ring to it. Pretty soon armies with face each other, countries will divide, and the world will implode...only to come to the conclusion that this scenario was from a book written in 1957 and is copyright infringement.

 

[Mogi67]

that's not the point; it could literally kill EB games who surprise surprise make a lot of $$$ on used game sales

So it goes

 

[YROC]

EB still exists? I thought Gamestop took over. (Now we have two gamestops in the same mall, one is in the food court, atleast, which is somewhat convenient)

 

[CptStern]

EB still exists? I thought Gamestop took over. (Now we have two gamestops in the same mall, one is in the food court, atleast, which is somewhat convenient)

they're the same company. GameStop is not allowed to be called Gamestop in canada because there's already a retailer called gamestop. which is why they're called EB games

 

[Dr.Demento]

that's not the point; it could literally kill EB games who surprise surprise make a lot of $$$ on used game sales

Then why worry? The world revolves around money ammirite? Isn't it the norm for big industries to buy out politicians these days?

 

[CptStern]

ya chain retailers of this world are exactly like tobacco industry lobbyists in the scale of power they wield over governments ...I cant believe you actually believe this


"DONT WORRY BIG BROTHER GUVERNMENT ARE IN CAHOOTS WITH GAMESTOP"


"Excuse me Mr Senator but your 12 oclock appointment with the big wig at Gamestop has been pushed to 11:30"

"Dear Lord!!! hold all calls and call the lawyers, Gamestop is gonna bury us for neglecting the video game retailers"

 

[Dr.Demento]

ya chain retailers of this world are exactly like tobacco industry lobbyists in the scale of power they wield over governments ...I cant believe you actually believe this


"DONT WORRY BIG BROTHER GUVERNMENT ARE IN CAHOOTS WITH GAMESTOP"

Money talks, BS walks. That's how it works in a capitalist first world nation anyways.

Nothing to see in this thread imo.

 

[CptStern]

Money talks, BS walks. That's how it works in a capitalist first world nation anyways.

Nothing to see in this thread imo.

lol if it only were simplistic. you're willing to put money on the fact that this ruling wont fly because Gamestop will pressure governemnts with payola money?

 

[Vegeta897]

I'm willing to be the ruling won't fly because it's stupid.

And this is AMURKA

 

[Krynn72]

Yeah, it won't fly because of HURF DURF FREE MARKET

 

[CptStern]

...but it could put Gamestop out of business. or at least out of the used video game business IF publishers do what Ars technica proposes; package everything overseas ..which you'd think publishers would be itching to do