Is Selling Your Stuff On eBay, Craigslist, And At Yard Sales About To Become Illegal?

Yeah, maybe.

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.

Under the doctrine, which the Supreme Court has recognized since 1908, you can resell your stuff without worry because the copyright holder only had control over the first sale.

Put simply, though Apple Inc. AAPL -2.13% has the copyright on the iPhone and Mark Owen has it on the book “No Easy Day,” you can still sell your copies to whomever you please whenever you want without retribution.

That’s being challenged now for products that are made abroad, and if the Supreme Court upholds an appellate court ruling, it would mean that the copyright holders of anything you own that has been made in China, Japan or Europe, for example, would have to give you permission to sell it.

“It means that it’s harder for consumers to buy used products and harder for them to sell them,” said Jonathan Band, an adjunct professor at Georgetown University Law Center, who filed a friend-of-the-court brief on behalf of the American Library Association, the Association of College and Research Libraries and the Association for Research Libraries. “This has huge consumer impact on all consumer groups.”

Another likely result is that it would hit you financially because the copyright holder would now want a piece of that sale.

It could be your personal electronic devices or the family jewels that have been passed down from your great-grandparents who immigrated from Spain. It could be a book that was written by an American writer but printed and bound overseas, or an Italian painter’s artwork.

There are implications for a variety of wide-ranging U.S. entities, including libraries, musicians, museums and even resale juggernauts eBay Inc.

…Both Ammori and Band worry that a decision in favor of the lower court would lead to some strange, even absurd consequences. For example, it could become an incentive for manufacturers to have everything produced overseas because they would be able to control every resale.

It could also become a weighty issue for auto trade-ins and resales, considering about 40% of most U.S.-made cars carry technology and parts that were made overseas.

Keep in mind that some goods are put together across multiple countries and ask yourself: Do I even know where the goods I want to sell are made? Imagine having to break the law dozens of times just to have a yard sale. That’s the reality we may be headed towards.

Of course, you may assume that it’s no big deal because you think no one will ever enforce the law. Keep in mind, folks, we live in a country where people trying to feed the homeless and little kids’ lemonade stands draw harassment and fines from government bureaucrats. Once a law like this is put in place, especially if there’s money to be made from collecting fines, you can be sure that men with guns will show up to implement it. That’s what’s riding on the Supreme Court decision in Kirtsaeng v. John Wiley & Sons.

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159 Responses to Is Selling Your Stuff On eBay, Craigslist, And At Yard Sales About To Become Illegal?

  1. Bill Gaither says:

    How do you eat an elephant? One bite at a time! How do you lose your freedom?
    One bite at a time! Face it friends unless we do something now ALL of our freedom will be gone. Think, educate yourself, study, do your homework, investigate don’t take the Media at their work; after you do that then VOTE 6 November!

    • Paula Walker says:

      Well said!!!!

    • Dale McRae says:

      I believe the Government is at the cusp of driving citizens ( by there autocratic style and mentality ) to a breaking point … I for one wonder when a mass citizen disgust of how OUR government is treading on freedoms enshrined by our founding fathers and the blantant disrespect of the citizen population. will motivate a movement to hold such individuals in power to a higher standard and be accountable to the citizens they serve … they are not a heirachy !

      • Mae Boughman says:

        Think not? Our Congress & Senate pass laws that affect everyone but them, our president signs over 900 executive orders when things don’t go his way. Wake Up America! Apathy Rules. Vote Nov. 6th

    • Maclogo says:

      For the record, you left the word “Romney” out after the word “Vote”. I agree totally with your stated theory of de-evolution. Peace.

      • Marianne says:

        That’s right, can’t forget to vote for Romney. He believes there should be no abuse of power, period, anywhere in government, and he believes that the American people can best hold the government accountable when they themselves are not inclined to abuse of power. He keeps in mind, the government workers are employees of the people. This excessive scrutinization is crazy to keep track of. I have copyrighted items. I am not going to worry about anything past a first sale, unless my property is being about through deliberate copies being sold. Used items are frivolous government interference on my behalf, and I don’t want them abusing my concerns so they can collect fines for themselves!!!!!!!!! They certainly would give themselves the largest cut anyway, saying ?what? about them?!! I think it says everything about them. MY DEDUCTION: They are abusing the lawmaking process to make themselves money, and to further abuse power over the people. Ultimately, there will be a rebellion from the inside no matter how hard they try to prevent it. They are making enemies amongst their own. There can always be another revolution, and abuse of power virtually always brings one on.

      • Marianne says:

        That’s right, can’t forget Romney. He believes there should be no abuse of power, period, anywhere in government, and he believes that the American people can hold the government accountable when they themselves are not inclined to abuse of power. He keeps in mind the government workers are employees of the People. This excessive scrutinization is crazy to keep track of. I have copyrighted items. I am not going to worry about anything past a first sale, unless my property is being about through deliberate copies being sold. Used items are frivolous government interference on my behalf, and I don’t want them abusing my concerns so they can collect fines for themselves!!!!!!!!! They cirtainly would give themselves the largest cut anyway, saying ?what? about them?!! I think it says everything about them. MY DEDUCTION: They are abusing the lawmaking process to make themselves money, and to further abuse power over the people. Ultimately, there will be a rebellion from the inside no matter how hard they try to prevent it. They are making enemies amongst their own. There can always be another revolution, and abuse of power virtually always brings one on.This excessive scrutinization is crazy to keep track of. I have copyrighted items. I am not going to worry about anything past a first sale, unless my property is being about through deliberate copies being sold. Used items are frivolous government interference on my behalf, and I don’t want them abusing my concerns so they can collect fines for themselves!!!!!!!!! They cirtainly would give themselves the largest cut anyway, saying ?what? about them?!! I think it says everything about them. MY DEDUCTION: They are abusing the lawmaking process to make themselves money, and to further abuse power over the people. Ultimately, there will be a rebellion from the inside no matter how hard they try to prevent it. They are making enemies amongst their own. There can always be another revolution, and abuse of power virtually always brings one on.

    • Daffjtap says:

      Well said. All our freedoms are being endangered in this way.

    • Angelica says:

      This is one of the most intelligent comment i have read…..I believe that the issues we have are a lot more serious than just the “economic of today”…most and serious issues are the “constitution” fading away….without Freedom we are nothing….eventually a IslamicAmerica we will become….

      • Paula H says:

        The “America” part will be in name only.

      • Veronica says:

        Lets hope not ! We Americans need to buy America made if ya can fine any products made here. America need to make a stand and take back our country from those who want to make this a third world country! We are a proud people

    • Kelly says:

      How about the US government stand up and tell foreign countries that they agree to OUR FREEDOM to resale their items or they can keep their crap! Plain and simple! I’ll bet they would change their minds real fast!

    • david s west says:

      very well said.

    • Mary Lyon says:

      Would depreciation be considered on the resale of used items? So if I wanted to sell a 5 year old toaster oven or microwave that had been made in China and the item will only get $10 at a yard sale; I will have to send a check for $1 Air Mail to China? This is insanity!

    • gjmlba says:

      watch out guys, our democracy if we don’t vote Obama out will be a dictatorship
      our rights are slowly being eroded, and violated, even our bodies, as under the
      Affordable Health Care Act (ironic name) effective March 2013 RFID for we
      citizens . Guess that is in lieu of tattooing us. Please VOTE

  2. Catherine says:

    We can still trade and barter, haha!

    • mary says:

      Ha! Didn’t look at it that way…..agreed! I would trade items or buy Made in USA only if it came to that……even if it cost more :)

      • Johnny L says:

        Try to find normal everyday use stuff Made in the USA

        • Elaine Branch says:

          you can find made in USA, but you have to hunt it.
          I agree, I will spend more and get less if it means an American will get the pay for making it. We have got to take back America, It IS OUR COUNTRY and we must not forget that.

    • Sarah says:

      I wouldn’t be surprised if the government wants to try to shut down that too. We live in a precarious time. Our basic freedoms are being eroded before our eyes!

    • gjmlba says:

      where there is a will there is a way, but we should not have to . Once they,
      our government figures that one out, somehow, someway they will tax it .

  3. Denise says:

    Either we start buying American made products or we fill our landfills with the stuff we import from abroad. I want to know how the resale of American made goods will be handled abroad? Do the foreign yardsalers send out companies a cut????? I somehow doubt it. Why is it American laws seem to benefit foreign countries but not our own people????

    • LINUS says:


      • danny says:

        thats what i was thinking just buy american made products, we the people need to take a stand and take back this country.

        • Beverly Miller says:

          I spend twice as long on my shopping trips LOOKING for products made in the USA! Check out treats for your dogs. I have fed many, many without checking and there are hundreds to choose from. I can find 2 made in America. How sad is that. Needless to say, those are the only 2 I buy any more. I was shocked to discover this!

        • Stephanie says:

          It’s more than just buying American made products. It goes deeper. Even if your American made products had every single piece actually made here (and right now, they’re not), this is the beginning of infringment into other areas, too. What next? They tell us what we can and cannot buy? How many cars we can have (based on per person usuage,…), how many kids we can have, what schools our kids can go to, what job we can have (based on a prediction test they are already trying to implement in the schools), how big/small a house you can have,…? Where does it stop? And somehow, they would make t so you couldn’t give the stuff away, either!

          • Stephanie says:

            I also believe that they are using all this, right now, as a distraction from the events and issues at hand. Trying to keep us fighting amongst ourslves (the racial issues), and diverting our attention back into our pockets and purses instead of watching what they are up to. Don’t fall for it.

        • John A says:

          Have you tried to find American Made products lately?
          I recently went to purchase new fixtures for my tub, bathroom sink and kitchen sink. American Standard-made in China.Delta,Moen and I can’t remember all of the other brand names. All made in China,Mexico,Canada or some other foreign land. They have allowed these companies all who have become multi-million dollar corporations in the land of the free,to move to other countries where cheap labor is available and to ship back here duty free.All for the almighty buck. I hope some day before it is to late, they wake up and realize what they have created.

      • Donna says:

        The problem with buying only American-made is that e just don’t make hardly anything anymore. Have you seen any American- electronics, children’s toys or kitchen-ware lately?

    • Sonia says:

      Our politicians are only interested in filling their own pockets. All these ridiculous laws they pass benefit only a few people and they are people with a lot of money, that pass it on to the politicians. How else do you think thes senators are worth hundreds of millions of dollars. They certainly didn’t earn it, being in congress for 20-30 years. To them, people are people, no matter what continent they come from. Only if the politician can benefit will they pass a law that benefits the AMERICAN people. At least other countries may not be free, but they don’t open their borders to anyone who wants to enter and give them the benefits Americans have worked for, their whole lives. Also, they don;’t support the world when their country needs work on their own infrastructure, like ours does. But then, guess who gave them all that power?

    • Barry Sherman says:

      Good point. One question. What the hell is made in America anymore? And if we dump the imports, we’ll soon all be living atop a landfill. How about instituting a Department of Common Sense to review frivolous cases before they are taken before a judge who doesn’t have a like of common sense anyway?

    • Pamela J Hall says:

      Because a majority of the people (only if you count dead people and all the voter fraud) put a moron in the position of president of this country. People just sit complacently and let the ACLU tell the majority what to do. If more people don’t get their heads out of the sand, you “ain’t seen nothing yet”. All of the senators and representatives who have made this mess need to be voted out of office along with Mr. Incompetent. It’s a shame that we have men and women dying for a country that has been reduced to the level it is at now.

      • Anna says:

        I totally agree with you. We need to get out and vote on Nov 6 or face losing our freedoms. Our current president does not care about the average American. His only concern is how much power and money can he have and how long can he keep them! He is incompetent! He’s had four years and now he needs to go!

      • Jim Rodgers says:

        Pam, vary well said. Vote the bum out along with all of the lib’s
        Lets take our country back.

    • Ron Cook says:

      Barter and trade would be one likely option as Catherine noted.
      Denise, there is precious little purchased in this country that is made in this country.
      As one example consider electronics: You won’t find a modern television manufactured in the United States. Good consumer-level audio equipment is not produced here, though one might still find really high-end audio equipment made in the U.S. of A.
      Kitchen appliances, home accessories (carpet, fans, lighting, furniture[!]), and so many more are primarily manufactured outside of North America.
      Do you have a cable converter, satellite dish, DVR, computer, cell phone?
      All are manufactured in countries other than the United States.
      Clothing: How much of it is produced in Malaysia, Thailand, Vietnam, Mexico, India? Look at the identification tag; you might be surprised.
      Through regulations, cost of mandated wage levels, and other criteria we have pretty much lost the ability to manufacture the types of products desired by the general consumer.

    • dana says:

      so true. why is the government even concerned with making sure another country gets “their cut”? people do need to wake up!! so much is happening now!

    • Bridger7 says:

      I try not to buy anything made out of the US. Caution-don’t give your dog any treats or toys from China – however it is difficult to look at everything you buy. We like mandarin oranges, and guess where Dole gets them.. China

      • Johnny L says:

        have you ever seen an american bananna?hey! remember arrow shirts,many people made a living making them,and Haggar slacks,shoes,,very few shoes are made here,tools,etc,etc,etc,how about some of you younger people start a clothing manufacturing plant, there’s always your parents garage.just a thought.I would pay more for a good western shirt

    • Eric says:

      American laws benefit foreign companies more than American companies, because the Clinton Administration (through NAFTA) and the Bush Administration (through several “free” trade agreements) dropped all tariffs on foreign goods. The Bush Administration went a step further by allowing American companies to avoid taxes from overseas profits, by keeping the profits out of the U.S. So, not only do they move production overseas, they keep their profits out of the U.S. economy to avoid taxes. The “republican” controlled Supreme Court has upheld every decision that favors treating corporations as “citizens” with equal protection under the law and constitution. Justices have become indebted to their parties and no longer answerable to the Constitution, but rather to those that gave them their life appointment to the bench. The Supreme Court was created to protect the rights of those not in the voting majority, not those with the most money. Maybe someday, they’ll remember that.

    • gjmlba says:

      appeasement, with the ridiculousness of “if we are nice to them, they will____
      but then they never do, do they?

  4. tom mchatton says:

    Although I of course am against any loss of my right to have a Yard Sale so China or Obama- the- Communist can cause more chaos, the article does not make it clear at all who is the good/bad guy in this litigation. I hope the honorable ‘Wiley & Sons” publishers of educational & other books is NOT .. but the info is lacking.

  5. Kelly Dauksch says:

    I for one will not stand for this attack on my freedom’s. Every now and then a generation is picked to eliminate or protect the next generation’s freedom. LOOK’S LIKE WE’RE UP GUY’S!!!!!

  6. Heather parks says:

    That’s an easy fix buy American. Its about time we screw China. We need to bring our jobs back to the Us and stop shopping at WALMART!

    • Bridger7 says:

      Agreed! It might cost little more not to shop at Walmart on some items. But if you look for the adds, Walmart never puts deli meat and cheese on sale. Check out your local grocery stores for specials, and make your menu and food list from that. I pretty much have given up on coupons. They want you to buy 3 packages of some cereal for 50 cents off.

    • Eric says:

      I agree. Now, if only we can provide Americans with high enough paying jobs to afford to shop somewhere else. But, according to Mitt, what’s good for Walmart is good for America. They’re one of his major contributors, because they love cheap overseas labor, minimal full-time employees, no benefits packages, low minimum wages. If they can keep Americans poor, they can limit their choices where to shop.

    • Beverly Miller says:

      Almost everything I pick up at Wal Mart is a “product of China”. We live in a rather rural area, and Wal Mart is about the only place close, but I may just spend more on gas and go further to shop. Probably will find the same thing at the other stores, but won’t hurt to look. But, giving more for gas isn’t really a good answer either!! This entire thing is making me sick!

    • John Husband says:

      what it is leading to is there will be no more made in the US of A ! AMERICAN company’s will send there manufacturing out of the country for cheaper labor cost’s ! so you’ll be out of luck for the made in America lable !!!! wanna try for plan B ?????

  7. Everyone should stop buying anything that is not made in the US, half the crap we buy is stuff we do not need anyway. People need to fight back stop buying products and the Co. will sure see things your way. We the people of this great nation have made more people in more countries wealthy, very wealthy stop buying the junk they make.

  8. Terry says:

    So, what about my 1958 Volkswagen? I won’t be able to sell? I’m sure the heavily funded car collectors willing to throw down 1.5 million for a used Ferrari or Mercedes may have something to say about this!

  9. Rebecca C says:

    What’s funniest about this is that they even passed it in the lower court. ARE YOU SERIOUS!?!?!?! Recycle, recycle, recycle. It’s preached everywhere and they are complaining about landfills and plastic bottles and tons of other b/s but they don’t want us to be able to resale those items we’ve ALREADY paid for? It’s not being reproduced and sold. It’s just being moved on to the next person who can use it.

  10. Tim King says:

    isolate and insulate and let ‘em all go to hell, they are no kin of mine

  11. Justin Yates says:

    Just another freedom they’re trying to strip away from us. I think it’s time for another revolution.. our whole system of government is so out of touch with the people that make up this country, it’s ridiculous! I wouldn’t have a problem just buying 100% American made products however, would sure fix unemployment fast! Don’t forget to vote November 6th… so important for so many reasons this election.

    • Johnny L says:

      Great,the best revolt would be to buy American,,find someone to start companies to make American products,talk will get us nowhere,I would try it ,but I’m old.also have no credit.and no money,someone please help others to start companies

  12. Steve says:

    If they want to kill sales, then fine. Because I’ll be buying a lot less.

  13. Jan Logsdon says:

    No, No and Hell No. Send a message to every congressman telling them the you own your property, not the government and foreign corporations. The weasels in congress are for the most part no balled wonders, who are too cowardly to stand up for the American people.

    • It is not they won’t stand up for American people but they are afraid of obama what he has done i don’t know but in 4 years have you seen them stand up for the good people NO and NO and you won’t.

  14. Charles Jewell says:

    It’s awful strange we have a commie president , we lose more of our freedoms and stupid stuff like this comes along. Let things like this pass whats next, think about it before it’s to late. This is to stop you from selling your stuff to buy food, gas, or what ever you might need. Obama want’s you to depend on goverment for what you need, Think About it…………

  15. JUDI WHITWORTH says:


  16. Jesse says:

    It’s all BS. The effect if it’s actually put into place is the creation of a huge underground blackmarket economy where everything is off the books. True Capitalism. Bring it on.

  17. ANNIE says:

    The reason for this is when makeing products and them being shipped here from overseas like they do now the people making the products like shirts they get 2.80 cents per shirt so were getting rich buy lineing our pockets with selling them at 5.00 to 20.00 dollars and sometimes even higher while there people are starving and they dont have proper electric or food it is really ashame that it has to come to this kind of cituation

  18. luc says:

    All you have to do is look at who’s running the show. Tax Tax and then tax the tax.

    • Daffjtap says:

      I agree. This could lead more companies to male stuff overseas so they get a commision the next time something is sold. How will that encourage US manifacturing.

  19. Vivian says:

    Hey, the Bible says that in the end times we would come to a place where you can neither buy, sell or trade less you have the mark of the beast. Looks like we are arriving. Not long from now that mark will be given out, will you take it?

    • Karla says:

      Very true!! I just read an article about 2 schools in San Antonio, TX that are requiring students to wear ID badges with microchips in them!!! It won’t be long and we will all be required to have them. I’m listening for the sound of a ‘trumpet’…and waiting for the Rapture of the saints of God!

    • Mae Boughman says:

      Well they are going to put a microchip in the webspace between our thumb and index finger to be able to instantly get medical info if we use Obamacare. I am not liking this, they can use these same chips to track bank accts, and locations. They use these chips to find lost animals now. Mark of the beast? They plan to place them in every child born in US hospitals after 2014. Hopefully Obamacare will disapear.

  20. Sarah says:

    We now have the U.N. breathing down our necks over gun rights, free speech, and they are possibly behind this litigation regarding the resale of property. I, for one, am ready to send the U.N. packing and withdraw the United States from it!

  21. People has taken advantage of “Yard Sales”, they are using the “Yard Sale” signs now for businesses.. I think you should have to purchase a license or permit for any sales, just like I have to do. I have to pay all kinds of taxes to sell, even used items. I don’t make a profit on use items, but I have to pay taxes on them. I even have to pay taxes on my personal items I use in my “Small Business”.. Those tables I use, don’t make me any money, but I have to pay tax on each one in my store. City and County.. It’s not fair that I have to pay, and others having “Yard Sales” every week… A free “Yard Sale” maybe twice a year, should be considered. Same goes with “Craigs List”, it’s still selling to make money..
    As far as Free County, that’s a joke.. we gave up our County when we let foreign people come in here an buy our businesses, put lots of people out of work.. Don’t blame it on politics, it’s the business owners that did it.. it’s the business owners that sends the jobs to other countries.. Don’t blame the President for the stupid mistakes we’ve made ourselves. The company I use to work for, bought a company in Mexico, and move our machines out, sent them to Mexico.. come to find out the gov gave them a big tax credit for moving expenses… There went my job, plus a lot of others… so the big factory owners stay wealthy.. Bush was in office when all that happened… So go ahead and vote Romney in, cause that’s right up his alley.

    • Daffjtap says:

      Obama has given billioms to companies in Finland. Also at least four of that received government money under the Stimulus and then within montjs sold the company to French or moved overseas to Mexico laying off thousands. Obama is guiltu of.doing.same thing with out tax dollars. Makes me sick to hear him chastise private business for doing what he is doing with our tax dollars. Lets not forget his favorite GE which makes keeps all there money made overseas overseas to avoid paying taxes. Guess that is OK as long as you donate to his campaign.

    • Bridger7 says:

      I somehow doubt your “small business” shipped jobs overseas. It is more likely that you probably just didn’t know how. Not that I do. We need to find out the companies that have shipped jobs, like General Electric, whose products sucks by the way. Have you called a computer support lately? I have to ask time and time again for someone who speaks enough English that I can understand. Anyone else had this hassle?

      • Karla says:

        Yes, and I told them I wanted to talk to somebody that spoke English with a TEXAS accent! LOL

      • Beverly Miller says:

        Oh, my good grief. Every time I have to call in anywhere for “support”, I expect the guy on the other end of the phone to say “this is Peggy”!! That is just plain wrong. I spend half my time saying “excuse me”, “what did you say”? Just makes me sick!!

    • says:

      It is the goverments fault high tax rates and red tape

  22. Dee says:

    It is mine. I bought it and paid for it. That the manufacture of it was forced overseas by overbearing regulation stateside is not my problem. If they want a chunk of my yard sale proceeds, TOO DAMN BAD!!

  23. Irene says:

    So our property is never our property. What will that do to used cars? HOw can the court even entertain this nonsense? How insidious and ridiculous!

  24. jim says:

    not going to happen in my house. If I buy it i will do with it as I please.

  25. dennis flesch says:

    Mr. Gaither, I could not agree more. See Mr. Gaither Post on, 10/9/12. I will add that it is time to take control of the Goverment. Goverment should not control it’s people. Stand tall and be proud to be an American. God bless us all.

  26. Paige says:

    This is crazy to me. I’m broke all the time. So selling my stuff helps out when I need it. This is why we should all buy American & tell the other countries to stick it where the sun don’t shine!

  27. Richard Dietzel says:

    I would be willing to comply to a degree as long as said copyright holder presents himself or herself physically at the site of my garage sale to collect. Otherwise they must be willing to pay me a service fee which would be higher than their fee to be their agent to secure said percentage from the seller, which would be ME! Sound good? Would we have a deal?

  28. TREP says:


    • Johnny L says:

      Like I’ve been saying start some small businesses then the competion will bring them back or run them out of business

    • Johnny L says:

      like I’ve been saying,, start some small businesses,make stuff here,a little competition wouldnt hurt

  29. Deborah Morris says:

    It just means an awful lot of us are going to have to make sure that nothing we purchase in the future was made overseas. I will have to make sure I buy nothing buy American made products. We have already started making many of our own washing products at home, and health and beauty aids, like soap, shampoo, conditioner, lotion, etc. We also make some of our own home remedies and I can and will make all of our clothes if necessary. I will not be forced to pay anything to anyone else in order to sell something I already own. Copyright shouldn’t extend past the initial sale. If I want to give my belongings away, I can, but I can’t sell them? That’s just BULLSHIT!!!!!!!

  30. Lgbpop says:

    Yeah, right. Let’s see them enforce that.

  31. Debbie Deal McGee says:

    I guess nobody can stop you from GIVING it away-before I let the gov’t. tell me what I can and cannot do with things I have bought and paid for…….. I would GIVE it away, and at the moment, BIG GOVERNMENT can’t do anything about that yet. People, you had better give some thought to who you vote for on Nov. 6th. We need to back as far away from government like this, as we can.

  32. Cher says:

    What is this really about? Is it designed for people who sell their used objects, or is it for those people who suck up brand new items, who never intend on using it, like a popular video game. These people beat the consumer, who really wants it, to the hot items. Then they charge outrageous prices for it. As a consumer I think this should be illegal. My son was just talking to me about this subject last week. If that is who it is intended for, I agree. They should put a time limit on resale of a new item. It would hurt a whole lot less people. But if it is really intended to hurt the person who sells an item they have had for awhile and no longer want, then I say, “vote no”!

    • Lgbpop says:

      You are out of your mind. If you don’t like the way something is sold, DON’T BUY IT. Don’t expect the government to shut down that vendor to keep you happy. Any government willing to take away someone else’s freedoms and liberties will be after yours next.

      Good God, it’s people like you who are the problem. When you’ve mastered the art of minding your own business, I might let you mind mine for me – but I doubt it.

  33. sharon says:

    This holy effin sucks what else do they want to take from us its bad enough they are cramming there mightier than though beliefs medical and communist ideas down our throats now we cant make extra money to help us get by when and where will it end can someone please tell me.

  34. Me says:

    This is the most ridiculous thing I have heard of late.

  35. Lee Switzer says:

    Would SOMEONE with an active pulse and active brain cells please issue a reality check? Who did the sanity check on this tripe? Apparently, the government wants to micromanage every flipping thing to create their Utopian mirage telling us it’s for our own good! What a bunch of wasted skin!

  36. Ted says:

    You need to ask not only who put Judges with this type of thinking in office, but also who educated them?

    We need some major turn over in our Courts, up to and including the Supreme Court, this is not the first time these fools have screwed the Ameican Public as a whole.

  37. Stefanie says:

    If it comes to not being able to resale something that comes from another country without paying the maker, author, etc. a portion of the resale, it simply won’t be needed. How much of that stuff is impulse buying anyway?? It will be a way to live without that item…….How long will these companies, authors, etc. survive?

    • Daffjtap says:

      It would apply to cars as well

    • Bridger7 says:

      It is impossible to “monit0r” all this. The gov can’t even inspect the beef rendering plants that supply Carl’s Jr, and most especially In and Out. The FDA can’t even approve bupropion XL that has been mg. forever under the SR label. It has been recalled, with hundreds of other dangerous products from Baby car seats to poison food and pet stuff from China. Let’s go ahead and have our Craig List sales, garage sales and newspaper adds. Bu the time they catch up to us, we will be long gone.

  38. craig says:

    This is so easy to get around it’s laughable,………example one 20 oz. diet coke 10,000.00 dollars throw in 2008 bmw roadster for free….

  39. R. Young says:

    Welcome to the “New America & the New American Way”? Any and all real property is property of the government (owned by the govt.) What you think or believe you own you do not! You are only the custodian of such property and as custodian you must get the “owners” (the govt.’s) permission to sell, barter or trade away said property! Isn’t this just a wonderful thing? Doesn’t it just give you that warm fuzzy feling you been looking for?

  40. James says:

    By reselling, all a seller is doing is recouping some of his cost of the original purchase.
    Look at license agreements that came with the product, does it say anything about a resale???
    Probably not.
    But, then…. how many of us read those things?

  41. Bridget Lopez says:

    Here we go again! If its not Obama care its some fool trying to stop a damn garage sale! Wake up people! If not, one day your gonna wake up and wonder “how the hell did I end up in Cuba? Vote for Romney!!!!

  42. Debbie Gurnack says:

    What happens to the resale shops that employ people. Goodwill will lose millions, or the Salvation Army, Auctions will also lose out. Look at the thousands of employees of each of those listed above will lose their jobs. Just what we need more people out of work. They always seem to hit the little people, some people who sell stuff do so to make ends meet. What are they thinking. Another tax another freedom taken away.

    We need to let our government know. Our individualty and freedoms are being held hostage, and we should not to take it any longer. The more we dole out in welfare, the welfare we give out, same with unemployment, more we keep someone on unemployment, they will not find work and when they don’t find work they go on welfare. It is a sad state this government has been allowed to progress. I know insurance companies are already increasing their rates, ahead of Obama Care.

    We cannot let a big government rule us. We need to have strong leadership, not a spending leadership. By all means to help balance the budget, why should we hand out millions upon millions in foreign aid. I understand when a tragedy strikes, Like the tsunami in Japan or Indonesia, a volcano, hurricanes. Lets help them. To give foreign aid to countries who attack our consulates killing our ambassadors and our people whether it be home or abroad. We need to end this, let the country fight for itsself. you would be surprised what outcomes could happen.
    I know we received monies from foreign countries,when we started out and wanted to end the tyranny that England set upon us. but we paid it back. We gained alliances and grew our nation on the back of its workers, teachers, and inventors. We worked hard. Everyone should realize we are no longer the Number One power in the world, we are not I believed ranked 7th, due to our debt. I may live in Illinois but Obama has been the worst President I have ever encountered. He does not want the military to do anything, he wants to protects Muslim rights, not in America but abroad. I forgot which President said it is time to carry the big stick, I believe it was Teddy Roosevelt. Well it is time for America to hold the big stick once again. Take charge of itself so progression is not held hostage, freedoms are not held hostage so we all may prosper.

    In the future I would love to see an Earth, like what they have on Star Trek, it doesn’t matter what race, religion or anything matters. Everyone has work they love, no one goes hungry, no one has to worry about putting a roof over their head, no worries about bills, because their are none.

    I realize I have ranted a little bit, but I am tired of seeing a government who will not listen to its people. Abraham Lincoln, stated, “you cannot let the government get too big, then it will destroy this nation.” Not exact words, hope you all catch the drift. I am not sure how to rectify this, but limit terms on all representatives in our government offices. Do not provide them with an exhorbitant pension plan. They must do like the rest of do, get a 401K or an IRA let them contribute to their pension. If the country cannot balance a budget, there should be no increases for the salaried Elected officials of any state or federal until the budget is balanced and the deficit is nominal. They tell us that it is a cost of living raise, well people on social security did not get a cost of living raise for two years, then the third year it was nominal. The government claimed that the Cost of Living did not go up. Bull-Hockey then why did they vote themselves a raise if the Cost of Living did not go up. Any raises to be given to any federal and state employee should be voted on by the people. The US Constitution states this is By the people, For the people. Not by the government and for the government. I understand some of the lower workers in the governments live on a salary just like any one of us and deserve raises on their merits, who do their jobs effectively, I would not include them, only in the pension area. Most of us who have worked either have had the pensions from our employers taken away and redistributed in 401K plans, where we contribute, some with matching up to 8% some not. I hope we can get out of the mess America is in. I hope our next president will realize this and give us the strong leadership that we desire and need.

  43. Tim says:

    Just stop buying anything made outside the USA. Of course that means buying almost nothing except food.

  44. Donna Bivens says:

    Anytime you find some way to make a little extra cash the government is right there trying to find a way to take some of it. I supplement my Social Security check by selling refurbished electronic games on eBay. I buy them broken (on eBay), fix, and customize them. I think I’ll just go and dig a hole and lay down. This is a government by the people for the people? That’s a laugh!

  45. BorderWatch says:

    I am suprized that out government doesn’t in act a law that would make us charge tax on the items we sale at garage sales and send it to the treasury department……..I guess that is coming in the near future.

  46. BLUE8210 says:

    If you bought an iPhone and you have the receipt from the sale, then you decided to sell that same iPhone to your sister in exchange for the price on the receipt but, your sister could only pay you half and you decide to sell her the IPhone at half the price anyway. Is this a copyright infringement?! No it is not!!!!

  47. Marilyn says:

    I wonder is this will apply to organizations like DAV (Disabled American Veterans)? That’s where I shop.

  48. Oh wow, this is ridiculous. Lord, let your wisdom prevail.

  49. jo philips says:

    Be VERY VERY careful who you elect for judges. Do your homework and ask! ! !

  50. Gerald Rudy says:

    Gee wizz, that has some far reaching implications. I didn’t think foreign, or international laws could be enforced here in America. Oh well, there goes another piece of America’s soverignty. This thing is not about copying someone else’s stuff for a profit. It’s about me selling my stuff, which I own and can do whatever I want with it. Copying multiple copies from a CD, DVD, even a document, then selling or even giving copies away is one thing. But to own one of these items then passing it along to someone else while recouping some of my original expenditure is something altogether different. This whole can of worms is insane and the supreme court should over rule such whimsical stuff.

  51. BLUE8210 says:

    I bought two iPhone’s that was on sale for $100.00 and I retained the sale receipts. I then gave one of the iPhone’s to my friend for the price on the receipt ($100.00) and I gave her both the iPhone and the receipt. This is a resale of the iPhone and it’s not a copyright infringement because, I didn’t make a profit from the resale of the iPhone.

  52. BRF says:

    Men with guns arriving on my property will be met with guns of my own. BRING IT ON HOLDER…

  53. Bev says:

    There go more american jobs.. To ppl. Overseas, thats one reason ppl. Cant find jobs.. China now makes most everything, designed in america, but, made in china.. Thats bullshit.. The goverment should stop this… There will be even less jobs, if this dumb copyright is pasted.. By the way is bullshit, how dumb!!

  54. Larry says:

    Get rid of BO vote Nov. 6th.

  55. Mrs Lori A. Wilson says:

    This is the most ridiculous thing I’ve ever heard of. This could also mean an over abundance of unwanted things in land fills…if you can’t sell them, toss them. This has so many possible repercussions…we can’t allow it to happen!!!!!!!!

  56. Desraejs says:

    That’s an easy problem to fix. If I don’t have the right to resell you product after I have no more use for, I simply won’t buy your product in the first place.

  57. lost in america says:

    More reason to buy quality AMERICAN products. china can keep it’s crappy plastic junk.

  58. Sandy says:

    I have tried so hard through Facebook to teach my mislead friends and family…It is so sad, they are choseing to stay in the dark cause they don’t bother reading. My own father just starts fights. I am the type that wants to learn what is going on. I have looked at both Romney and Obama…Sorry even if you don’t like either one…Romney’s past is more American..Yes he has lots of companies and some are in China. If people are really that aginst it stop buying or using the products. Obama’s past now…it is soooooo fishy and un American by the ppl he kept around him to his birth cert. There is a very interesting you tube video on it. It shows prof how the Birth Cert. has been doctored through Adobe. Now if someone told me something like this about Romney, I would look in to it. I posted the youtube Obama followers said they had no time for it. I don’t understand or see why anyone likes Obama. I don’t understand why so many will let our rights slip away. I was in a conversation about gay marriage. Saying they should just call it Civil Union for them. Because making marriage legal will mean no more freedom of religon. You see cause then they will force church’s to marrie what is aginst their bible. I explained how letting one right go then soon all will follow…Speech, Guns so on. Can you belive they thought I was the dumb one. I don’t know anymore….I am so scared for my children and their futures. Obama just needs to get out of DC. I like Romney, I just wish ppl would realize anyone but Obama. He is a con man.

  59. Sandy says:

    Oh yeah…. I use to work for Capital One in a call center. My job really went to India. We started getting calls transfered to us from them. The company didn’t even bother giving us a heads up..You must know how sick I was to see Capital One put bank after their name to get stimulist. Now there are branches where I live….The call center I worked at had 2 buildings 4 story high…Both closed down..I do not carry their credit card. I yell at family of mine who do. Specialy the family that don ‘t like Romney cause of China….But, guess whats in their wallet..yup you guessed it. People are stupid and I have them in my family. If someone wants to fact check me on Capital One…the offices where in Frederickburg, Va. closed around 2002.

  60. Richard says:

    It would be interesting to know how they got here from copyright laws, which only prohibits unauthorized copies of an original work and was never conceived to regulate the sale of original published works themselves.

  61. screwit says:

    Control, control. Just another power trip. If the “copy right holder” has a problem let them deal with.. they got their sale the first time, the price they wanted. Seriously gov., get over yourselfs!)

  62. Jay Staples says:

    If I can’t sell it, then it is not mine; perhaps I am just renting it? Or perhaps when I might be ready to recycle something I have paid for (and will no longer be able to, as it is the manufacturers’ property), then I should be able to charge THEM rent, and storage fees, until they get their stuff, and also get a return on my deposit… Seems right in line with the inability to fire non-performing politicians; instead we are stuck with exhorbitant retirement rewards for only one term, while they raise citizens’ retirement ages to older and older… why can’t we just rent the politicians’ services until they betray the public trust, then ship the politicians off to the countries they sent our jobs and economy… and charge them storage fees, sincd they are just placeholders (big zeroes!), taking up space, no longer serving their intended purpose! Why shouldn’t pblic service be considered piecework, or at least work for wages; let them work for minimum wage! …or we could just gift the politicians the used items and let them figure out the mess…hah as if they could!

  63. Dr Mom says:

    Everyone on here keeps saying we’re going to lose our freedoms. Wake up and smell the dog doo people because Obama has sign 923 executive orders. 920 more then any other president in the history of the U.S. and in them he has tentatively striped us of all our rights already. He’s just waiting until after the election to put them all into place. They include the government being able to confiscate you house, bank account, move you and your family into a relocation camp, put your children as young as 8 into work houses, etc. If you don’t believe me look up “Obama’s executive orders” on either google or bing. We are already on the path to a souless socialist society thanks to Obama. Look long and hard at the cold hard facts, then get all of your family, friends and neighbors to vote for Romney on November 6th.

  64. Nita J Perry says:

    Plese Peoople, write your congressment, senators, city, county and state officials and tell them how you feel about the current issues at hand. As you know President Obama is a Muslim claiming to be a Christian. he is a sheep in wolf’s clothing and is going to succeed in destroying America from the inside out if not stopped on Nov. 6. Do you want to lose everything you have worked so hard for? I don’t. I remember reciting The Pledge of Allegience in school when I was growing up. Most schools in America don’t do this anymore. What else is going to happen? What about Sheria Law?
    We must fight for our rights to freedom of religion, freedoms to make and keep our earnings, medicare, healthcare that is not socialized medicine, etc. Prayer will help. We are on day12 of 40 days of prayer and fasting for America. We must be united as a nation to do anything we can to remain a free nation.

  65. jeanius says:

    Who’s going to put together the squadron of enforcement police who will go around to weekend yard sales? Think of it as job creation opportunity. :)

  66. Darrell Cameron says:

    Government today is seven kinds of crazy. They have people working every day to figure out ways to take more money from us to “Feed the Machine”. Government today, right now, is out of control and we are approaching tyranny. Notice how they poll everything or float trial balloons to see how we react? Four more years of the current administration and we will see it live and in person. There is a step that’s missing but they are working on that; it’s in the Constitution; do you know what it is? They want to replace it with Government.

  67. Chris says:

    In case you extreme patriots haven’t noticed, we aren’t on this rock alone.

    Isolationism is not the answer. We need the entire world to be on the same level, and I hope that is the end game for all those involved in world governments.

    Say you have 3 friends, and the 4 of you start a widget manufacturing business. 2 of your friends are really good at making the widgets. You and your other friend can make them, but it takes both of you almost twice the time. You are are a great salesman and your friend is an excellent manager.

    Now, with that scenario in your head, why on Earth would you want to put you and your managing friend on the assembly line and then throw the other two friends out in a world where they would excel?

    I understand the world many times more complex than the scenario I described above, but it still has its principle. Why would you want to not use a work force that is available to you as long as all parties involved get a fair cut of the deal? Pride? I love my country, but put ourselves and our needs above others is not the right path to follow. Snubbing another countries goods for the simple fact that it is not from here is a problem that is going to keep everyone from every country down. Some of you “patriots” need to pull your heads out.

  68. aharris says:

    The this about this decision is that it has the potential to absolutely kill an entire sector of the economy, and I’m not just talking about eBay and Amazon. What about every mom and pop secondhand book, record or clothing store? What about every Goodwill or DAV Thrift store? How many of our poorer folks depend on those stores for a good portion of their shopping? How much of US charitable giving is in donations to these places who will potentially now not be able to sell them to stay in business? So much for all those fundraising yard sales held by so many senior centers and apartment complexes …

    Quite frankly, even if the SCOTUS rules incorrectly, I don’t see how they can stop these transactions from happening. Their will just be a large black market growing up over night to take the place of the legal market we already have.

  69. William says:

    When the government begins to tell us what we can buy or sell, take heed: …and he provides that no one will be able to buy or to sell, except the one who has the mark, either the name of the beast or the number of his name. Revelation 13:17

  70. steveo12 says:

    well if you look at at all the American company’s you see they send there work outside the US . i was shopping the other day and was going to buy some Hershey chocolate and saw that some of it was made in Mexico really>>>so now i wont buy anything from Hershey. this is an American company and i am not going to support this, also look at the packaging a lot of company’s have distributed by but not made by and gives the impression its made in the US…

  71. cmfic says:

    What I want to know- is HOW places like Goodwill, St. Vincent De Paul, Salvation Army and the rest will continue to resell the variety of stuff they take in from all over the world? I believe that if an item is NEW- being bought for the 1st time, that’s the ONLY time a tax should be imposed. Things keep getting worse- the day will come when people won’t be able to feed them selves- and our politicians won’t be the ones starving- WE WILL BE. Taking away the ability to resell used items is like stripping us americans of our rights.

  72. Bill says:

    It all comes back to the fact that 545 self absorbed individuals in Washington, D.C. are responsible for every problem that our country faces today. We need to replace 536 of them with people who will sit down together and work out what is best for America, NOT
    the Party.

  73. Bill says:

    Post it!

  74. Gayle Coulter says:

    That is the craziest thing I have ever heard. Keep taking away from those who already have NOTHING…and depend on yard sales, flea markets, etc…to make ends meet & to clothe their kids, buy needed used items, etc. Now everyone will have to pay full price or do without. Gee…What a world to live in!

  75. Marjorie says:

    First one thing than another where do we draw the line. If they keep taking one thing away from us than another we be lefted with nothing. Does this include products I use to make other products that aren’t from the USA. I sell a lot of artwork and not all the materials are from the USA. Does this mean that I cannot sell my work if has any materials made from other country. If that is the case it will get the point where good deal places will go out of business because you will have to get permission to sell everything. This scares me because alot places will go out of business and alot of people won’t be able to make a living

  76. Suzi says:

    Well, we could just stop buying foreign ANYTHING all together. That would solve A LOT of our problems fast. But concerning this article and reselling what you own, this is ridiculous.

  77. Dan says:

    Everyone in the Free World needs to wake up from their self absorbed slumber and take a look around at what’s happening behind closed doors. These tiny news bits we hear more often every day now, are only little pieces of a enormous puzzle meant to confuse us and strip us of all our God given rights as human beings. A select few ‘Will’ rule the entire planet. This is the plan they are instigating at this very moment and we will be the generation subjected to these evil, selfish individuals. Everything you own, including your very life will belong to them. The words you speak, or have already spoken years ago, will be subject to their interpretation and we will all be judged according to ‘Their’ standards. These people and the organizations they belong to such as the Bilderbergers, Communists, Freemasons, Council on Foreign Affairs, Illuminati and all the other New Age, New World Order secret societies are working together to undermine and subjugate all the people of the world. They have been planning our demise and their rise to power for over 200 years now through wars, disease (Natural and Manmade) poverty, oppression and most recently with Computers, Satellites and many types of tracking devices. Using starvation, wars and laboratory produced infectious diseases to control population in order to get this planet down to a ‘manageable’ amount of inhabitants. Further wars of much larger magnitude will be needed to further reduce civilization before the final faze can be implemented. These individuals are power hungry, selfish, sick, twisted individuals bent on conquest for their own personal gain. They are opposed to everything that is good, decent and moral with a continual thirst for power and bloodshed. The deaths of hundreds of millions of people in their quest for power will mean nothing to them, it is exactly what they want and need, to accomplish their goal of subjecting humankind to complete obedience. We all have waited too long, we saw the early warning signs but failed to act accordingly and now the stage is set for the final act! Be prepared everyone for the carnage that awaits us all! No one will escape the inevitable.
    I encourage everyone who reads this post awaken from your slumber and get yourself educated on behind the scenes events going on in the highest places of Governments around the world. It’s too late to stop these events from unfolding, there is no going back. You need to understand whats going on and prepare yourself and your families.
    Research the organizations listed above and others like them, research previous wars, pestilences and previous natural disasters. If you own a Bible open it to the book of Daniel and the book of Revelation. Now compare what you researched and learned to the prophecies in these two books. Now research modern day computers, GPS and all types of tracking devices. Research the phrase ‘New World Order’ commonly used by
    World leaders today. I pray that everyone who reads this post will do the research I and others have suggested. Knowledge is Power! Jesus Christ is Lord!

  78. Joshua Olin says:

    I don’t see any reason why a company would endorse this.
    People resell their old products so they can get new products.

    IE the iphone, after every model, there are millions of people selling their old iphone and buying a new one… and they make the new purchase because they could resell the old one.

  79. Mark Webb says:

    This may be good for America. Nobody will buy foreign goods from China etc. if this is inacted. They will only by American goods. That includes the rest of the world. There goes our debt and unemployment problem overnight!!!

  80. Dixie says:

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  81. Craigs says:

    I like the mention of kids getting their lemonade stands shut down. And I’m glad that law hasn’t been put into affect, yet (I don’t think it has?).

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