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News Link • Government

Supreme Court To Rule On Your Right To “Resell” Personal Property

•, Jennifer Waters
 Tucked into the U.S. Supreme Court’s agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.

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.

2 Comments in Response to

Comment by Stupid Amerkin
Entered on:

I this talkin about the SC in the Twilight Zone?

Comment by Ed Price
Entered on:

The answer in its basic form is reasonably simple. And there won't be many people doing it, so it probably won't be ruled against in law or court.

The answer is, create a simple pure trust to own each item of property you own. Finance the trust, and purchase the item right into the trust so that it was never owned by anything else. Then, if you want to sell the item, simply change the trustee from one person to another. Since the same trust still owns the property, there has been no sale or transfer of property.

A simple pure trust can be a one- or two-page document. It can be drawn up between friends. While most pure trusts are made for a 20-year time-period, 99 years is not unheard of.

Do some research... and due diligence. There is a lot of info out there on pure trusts. Some of the adverse info is completely false, designed by attorneys, banks, and the Government to discredit the use of pure trusts. They are, however, perfectly legal, and guaranteed by the Constitution. Google: "Constitutional right to contract" or other similar words.

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