Everyone who buys sells and trades needs to read this before it gets out of hand.

[QuicksilverDiecast]

I know mixing ebay with anything is not a good thing to do but....I felt that many of you especially those of us who buy sell trade in the US that this will affect everyone of you, as well as indirectly all of our friends across the pond. It appears that manufacturers are beginning to over stepping their rights and some action needs to be taken to correct this. Below is the link that encourages everyone to sign the petition...NOT for ebays sake but for all of us. It is no way is designed to promote ebay. It was a notice sent into the ebay email system to all sellers(while some I have talked to did not get it) I felt it is important enough to all of us whether we are ebayers still or not, as it is not solely an ebay problem. If anyone feels otherwise please feel free to remove the post with my apologies




Visit ownershiprights.org and sign the petition to protect your ownership rights.

[packratatheart]

The first time I saw this was in an ebay email.

It is definitely not just an ebay problem. It is our problem, everyone's problem.

[darklisruthven]

I take it this is just an American petition? I had a look at it, and I gather that some manufacturers are not letting people re-sell things second hand? If that is from outside the States as the petition implies, then that could be a hefty issue for those of us outside the States too, and after all most big companies are multinational.

[Pink_Panther]

I had a look at it, and I gather that some manufacturers are not letting people re-sell things second hand?

I wish em luck with that one! NOT!

OMG! All my stuff will be illegal and I'll have to sell on the black market!

Boot sales will be outlawed!

church fetes could not host table top sales!

This would be a very serious matter if it weren't so laughable!

[ZenKarma]

I had a look at it, and I gather that some manufacturers are not letting people re-sell things second hand?

It's about copyright and intellectual property rights - always a contentious issue and that copyright protection overseas seems in variance with that which exists in the US.

As far as I understand it, this is to do with protecting digital music, software, electronic ebooks, DVD's or any other kind of item that can easily be copied and resold or has restrictions on its use than it is to do with a pair of shoes or a washing machine.

[MelmacALF]

As far as I understand it, this is to do with protecting digital music, software, electronic ebooks, DVD's or any other kind of item that can easily be copied and resold or has restrictions on its use than it is to do with a pair of shoes or a washing machine.

It might include washing machines/dishwashers/microwaves/IT stuff/cars/bikes etc etc ie anything with a bit of software (that is copyrighted) that was not produced in the country where its being sold and the copyright is being upheld in.

That case will be significant no matter what is decided in court.

On another case, this http://www.theregister.co.uk/2012/10...gi_music_case/ is why Iv never bought digital music or a ebook reader, I like my cds and books (must be old fashioned lol) I think this case will also be quite interesting whatever the result.

[MelmacALF]

Just thinking this might actually cover shoes/clothes as well if the design is copyrighted ??

[HerMajesty]

Well................if it covers trademarks and copyrights, then I suppose pharmacies could not resell pills to the public, farmers could not sell the corn they grow with tradmarked/patented seed, car dealers could not resell new or used cars to the public.........etc. Pretty absurd. Is this for real? I expect this sort of thing has come about due to re-copying materials such as music and books, and circumventing the need to purchase an 'original' item at least once before it goes into the chain of resale.

[ZenKarma]

It might include washing machines/dishwashers/microwaves/IT stuff/cars/bikes etc etc ie anything with a bit of software (that is copyrighted) that was not produced in the country where its being sold and the copyright is being upheld in..

How so?

When you buy a piece of software, it comes with a very specific end user agreement which includes the copyright holders terms and conditions on the use of that software. You effectively agree to that user agreement when you install it on your computer, if you don't agree with it then you cannot legally use that software.

The user agreement will usually state that the end user (you) has the right to use that software on your computer but that the copyright holder (manufacturer) retains all other rights with regards to its use and resale. So in effect you're merely buying the right to use that software - not ownership of the software itself.

If you don't own the software yourself and only the right to use it, unless explicitly stated within the end user agreement you do not have the right to resell that software. Some software manufacturers do allow a provision of transfer of users rights of that software as long as it is accompanied by the original end user agreement - some of course do not.

As far as I'm aware, consumer items that have software controllers inside them, such as modern washing machines, cars etc do not come with that end user restriction and all rights of use and ownership of that washing machine and or car come with the sale of the item.

So how could the manufacturers/copyright holders of that software (within the washing machine car etc.) prevent you from reselling it?

Just thinking this might actually cover shoes/clothes as well if the design is copyrighted ??.

As above, these type items are not subject to that end user agreement.

An original clothing design that is subject to the original designers copyright only gives the copyright holder the power to restrict unlawful copying and counterfeiting of the original copyrighted design for resale. Those powers do not prevent the legal owner (buyer) of the copyrighted clothing item the right to resell it.

[MelmacALF]

When you buy a piece of software, it comes with a very specific end user agreement which includes the copyright holders terms and conditions on the use of that software. You effectively agree to that user agreement when you install it on your computer, if you don't agree with it then you cannot legally use that software.

When was the last time you bought a car with a software agreament ? and the software in it will be copyrighted etc so using the same copyright argument that is now in court if that software was not produced in the same country where the copyright is being upheld they would think they have a case against what they consider unautherised sellers.

As above, these type items are not subject to that end user agreement.

I dont think the lack or existance of a EUA will come into this if this case is won, its the selling of copyright work produced in another counter to where its sold which means its copyright is not covered by "fisrt sale doctrun" they are pursuing not unautherised use