Jay, my point was that there are two issues here. The first is the law itself, and personally, I wouldn't think that would extend to movie posters made in another country and sold in the U.S. But the second is how eBay acts on the law. They might well ban sales of many items, even ones the law doesn't expressly forbid, just to be "safe".
I have no idea how this will play out, but eBay has done stranger things, like ending all movie poster listings for "Pretty Baby" movie posters (child porn), ending all movie poster listings for posters from the movie documemtary Mein Kampf (because the* book* is banned in Germany), ending all movie poster listings for Breakfast at Tiffany's movie posters (because they were being sued over selling fake Tiffany's jewelry) and much more. These were a few of the many real-life examples that helped caused me to quit eBay, in addition to their constantly raising fees. Bruce On Mon, Oct 8, 2012 at 6:11 PM, Jay Nemeth-Johannes < [email protected]> wrote: > Here is the link to the USSC casefile, which includes the basic argument: > > The question presented is how these provisions apply to a copy that was > made and legally acquired abroad and then imported into the United States. > Can such a foreign-made product never be resold within the United States > without the copyright owner's permission, as the Second Circuit held in > this case? Can such a foreign-made product sometimes be resold within the > United States without permission, but only after the owner approves an > earlier sale in this country, as the Ninth Circuit held in Costco? Or can > such a product always be resold without permission within the United > States, so long as the copyright owner authorized the first sale abroad, as > the Third Circuit has indicated? > > http://www.supremecourt.gov/qp/11-00697qp.pdf > > Seems to mostly apply to material that was manufactured and/or copyrighted > overseas, but that could affect sales of foreign posters here. > > It affects eBay because a large percentage of their business comes from > resale of items manufactured overseas, and an unfavorable ruling would > affect how the company does business. > > > On 10/8/12 8:55 AM, "filip de volder" <[email protected]> wrote: > > i don't see what this has to do with ebay , any american based company > (be it ebay or emovieposter etc etc ) would be affected by this on the same > level should this be decided by law . > > Filip De Volder and the 0 other members of runbuffy > > ------------------------------ > Date: Mon, 8 Oct 2012 06:54:10 -0500 > From: [email protected] > Subject: Re: [MOPO] Right to re-sell imperiled?? > To: [email protected] > > I wouldn't think this could extend to movie posters, could it? Of course > eBay has done stranger things before! > > On Mon, Oct 8, 2012 at 6:14 AM, Captain Bijou <[email protected]> > wrote: > > Here's a story about a case (Kirtsaeng v. John Wiley & Sons) > pending before the U.S. Supreme Court that may be of interest for MOPO-L > members: > > > > http://www.marketwatch.com/story/your-right-to-resell-your-own-stuff-is-in-peril-2012-10-04?pagenumber=1 > Earl Blair > CAPTAIN BIJOU > www.captainbijou.com <http://www.captainbijou.com> > > Visit the MoPo Mailing List Web Site at www.filmfan.com < > http://www.filmfan.com> > ___________________________________________________________________ > How to UNSUBSCRIBE from the MoPo Mailing List > Send a message addressed to: [email protected] > In the BODY of your message type: SIGNOFF MOPO-L > The author of this message is solely responsible for its content. > > > > > > > Jay Nemeth-Johannes > 8901 N Rexleigh Dr > Bayside, WI 53217 > (970) 290-9797 (Cell) > -- > > Visit the MoPo Mailing List Web Site at www.filmfan.com > ___________________________________________________________________ How > to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: > [email protected] In the BODY of your message type: SIGNOFF > MOPO-L The author of this message is solely responsible for its content. > > -- Bruce Hershenson and the other 26 members of the eMoviePoster.com team P.O. Box 874 West Plains, MO 65775 Phone: 417-256-9616 (hours: Mon-Fri 9 to 5 except from 12 to 1 when we take lunch) our site <http://www.emovieposter.com/> our auctions <http://www.emovieposter.com/agallery/all.html> * Complete Buyer Protection<http://www.emovieposter.com/unused/20120625ad_emovieposter_no_buyer_beware_buyer_warranty.jpg>- *No time limit on our guarantees & *NO* buyer beware * Hershenson Help Hotline<http://www.emovieposter.com/images/announcements/20120906_mcw_ad_hershenson_help_hotline_forsite.jpg>- *Direct line to Bruce (our owner!) for urgent problems* *Also, please read the following three pages of in-depth* Customer Reviews *of our company * - Page 1<http://www.emovieposter.com/images/announcements/buyerreviews_page1.jpg>, Page 2<http://www.emovieposter.com/images/announcements/buyerreviews_page2.jpg>, Page 3<http://www.emovieposter.com/images/announcements/buyerreviews_page3.jpg> *, which shows you in our customers' own words exactly what makes our company and our auctions so very different from all others! Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
