The Supreme Court case that could end garage sales


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  • SLMG Murtoa Australia, Victoria
    Oct. 18, 2012 2:32 p.m.


    Murray, Utah

    Another reason to buy exclusively "Made in the USA" products?

    Sorry, even products "Made in the USA" are often made with parts "made" in other countrys.

  • JoeCapitalist2 Orem, UT
    Oct. 18, 2012 8:44 a.m.

    This case appears to be about trying to protect an out-of-date business model. Companies that produce and sell high-margin products (you know, the stuff priced way more than it what it costs to make each copy like drugs, books, music, software, etc.) like to have a different pricing model for each market.

    For example, a music CD can be copied for about 10 cents but sold in record stores in America for $10. If you want to sell those CDs in India, you can't price them at $10 since no one can afford that, so you price them at $1 (and still make a lot of money per CD).

    The problem in our global trade market, is that somebody like the college student in this case, can go to India, buy all those CDs for $1, ship them back to America, and sell them for $3 each and compete with the record stores who still want to charge $10.

    The only way to keep the business model alive, is to make it illegal to get around it.

  • Jazzledazzle Provo, UT
    Oct. 18, 2012 6:44 a.m.

    No freaking way this flies. Even if they said we can't do it, good luck enforcing that.

  • My thoughts Spanish Fork, Utah
    Oct. 17, 2012 8:49 p.m.

    Will citizens let the courts tell us what we can and can't do with our personal property? I hope we won't. If we own something don't we have the right to sell, trade or give it away? If not then the government must own everything. If someone is caught selling new items continually, the city should make them get a business license and sale tax number.

    Oct. 17, 2012 6:04 p.m.

    Wouldn't the problem have been solved in the first case by changing import regulations?

  • BYUalum South Jordan, UT
    Oct. 17, 2012 5:56 p.m.

    I agree. What is the name of the case so we can track it? This seems totally absurd!

  • Western Rover HERRIMAN, UT
    Oct. 17, 2012 4:34 p.m.

    Is it too much to ask for the reporter to include the name of the case (Kirtsaeng v. John Wiley & Sons, Inc.)? A link to the decision that is being appealed would be even better, but at a bare minimum any story about a court case at this level should include the name of the case.

  • OnlyInUtah Cottonwood Heights, UT
    Oct. 17, 2012 4:00 p.m.

    I will stop buying and selling and just barter. I have some old text books that I will trade for that worthless fifty dollar bill that is burning a hole in your pocket.

  • awsomeron1 Oahu, HI
    Oct. 17, 2012 2:44 p.m.

    Think of what this could do to The Salvation Arm, Goodwill, and Deseret Ind. However good for the guy that made the 1.2 Million Dollars. It is your right to sell something
    for more then it cost you to buy.

  • annewandering oakley, idaho
    Oct. 17, 2012 2:06 p.m.

    The problem I see for this man is he was not selling a used product on a casual basis. He had a business going selling new textbooks. He bought while paying taxes at that time? If so he is not required to pay taxes again is he? Why they have brought used items into this makes no sense. Did he actually claim he used 1.2 millions dollars worth of textbooks himself?
    As far as copyrighted materials. Does this mean we can not sell our old books? My understanding was the copyright extended to the royalties on the book the first time it sold. After that the buyer could resell so long as he doesnt make copies to sell since the royalties was already paid on that book.
    If they change the reading of the law on copyright it is going to cause unending problems, if enforced, but will be ignored by most people.

  • UtahBlueDevil Durham, NC
    Oct. 17, 2012 1:33 p.m.

    "Most cop are lazy cowards"

    Really..... dang!

    BTW - the police don't enforce revenue issues..... but hey, what ever I guess. Peace, Love and Rock and Roll.

  • Mukkake Salt Lake City, UT
    Oct. 17, 2012 12:46 p.m.

    [How would this be enforced? I'm telling you, for example, the Fresno PD have bigger fish to fry than cracking down on yard sales!]

    Cops would love this. Cops always want the easy convictions/fines over the hard, dangerous ones. That's why they love marijuana laws, they can bust harmless users, burn unattended grow fields, and pretend to have accomplished something in their annual reports. Of course, they also take bribes from some of the drug dealers to notify them of busts, or, even, to bust their competition.

    Most cop are lazy cowards, this is right up their alley. Busting some old lady having a garage sale is safe, easy, and they can get their Christmas shopping done early by putting all her for-sale stuff, and even some of the stuff that wasn't for-sale, in the evidence locker and then accidentally "losing" it.

    You can't spell "corruption" without C-O-P...

  • Phillip M Hotchkiss Malta, Mt
    Oct. 17, 2012 12:37 p.m.

    They my be trying to find a way to tax you on the items you sell .the goveremnt wants their cut

  • UtahBlueDevil Durham, NC
    Oct. 17, 2012 12:24 p.m.

    This is really really really funny. A journalist who works in the domain of publishing, can't detect the difference between reselling copyrighted materials that have distribution agreements vs selling your old Ford. Good grief, this guys wasn't selling his personal used text books, he was creating a grey market for new, never used copyrighted materials.

    To the comments about different pricing in different countries, the Bush administration pressed forward a law the made it a criminal offense for Americans to buy US pharma products in Canada because they were cheaper to buy there than in their own country of origin. This happens all the time. Prices around the world sometimes are higher then here, and sometimes lower than here - largely based on the whim or the manufacture.

    Lets not get all excited by an article that was agin purely written for shock journalistic intent, and really left huge holes in the understanding of the law being challenged here.

  • lket Bluffdale, UT
    Oct. 17, 2012 11:39 a.m.

    it is the way things are going capitalism out of control and its going to get worse since super pacs can do as they like but never have to pay for lies or slander.

  • Chachi Charlottesville, VA
    Oct. 17, 2012 11:38 a.m.

    Don't believe the media hype. There is no possibility that the Supreme Court will outlaw garage sales. They probably granted cert specifically to slap down the appeals court precedent.

  • GiuseppeG Murray, Utah
    Oct. 17, 2012 11:06 a.m.

    Another reason to buy exclusively "Made in the USA" products?

  • killpack Sandy, UT
    Oct. 17, 2012 10:58 a.m.

    Why do nine people get to decide whether 300 million people may or may not have a garage sale?

  • fresnogirl Fresno, CA
    Oct. 17, 2012 10:38 a.m.

    Yard sales help in recycling as perfectly good items that one person doesn't need anymore can be used by another instead of ending up in a landfill and forcing the other person to buy the item new. How would this be enforced? I'm telling you, for example, the Fresno PD have bigger fish to fry than cracking down on yard sales!

    Oct. 17, 2012 10:20 a.m.

    Wow, what an impact that would have on commerce in America! You can only sell items with permission that may ask for a percent of the sale?

    At least Americans would probably stop buying things they don't need!

    But for me it sure would make Canada look more attractive!

  • Phargo Rexburg, ID
    Oct. 17, 2012 10:18 a.m.

    It seems the textbook company created the problem when they sold the same textbook for a different price somewhere else. University bookstores, in the U.S. at least, have long taken the blame for expensive textbooks. However, it's an outdated business model on the part of the publishing companies that has created this problem. Before the tablet age, having to print and release a new textbook every couple years was understandable, albeit expensive for students, to keep things current. Given the introduction of the digital/tablet age, however, the cost of publishing and updating content for textbooks should present a legitimate business case for more level pricing around the world. This case before the Supreme Court may then be unnecessary and avert the fallout of unintended consequences.

  • CWEB Orem, UT
    Oct. 17, 2012 9:51 a.m.

    I'm sellin stuff anyway...the masses won't stand for that!

  • DC Alexandria, VA
    Oct. 17, 2012 9:06 a.m.

    Seems like the SCOTUS would be able to look at this and realize it doesn't pass the smell test. I don't think they will make a decision that will outlaw yard sales - a bit too draconian, even for them.

  • Hutterite American Fork, UT
    Oct. 17, 2012 8:50 a.m.

    This is silly. And it's going to make scofflaws out of the lot of us.