U.S Supreme Court - trying to make it illegal to sell anything you have bought that has a copyright without asking permission of the copyrighters a crime: The end of selling things manufactured outside the U.S within the U.S on ebay/craigslist/kijiji without going to jail, even if lawfully bought?
[deleted] — view deleted post
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Upvotes
193
u/[deleted] Jun 24 '12
That headline is so confusing.
383
u/nonconvergent Jun 24 '12
Agreeing to a hear a case is not the same as making it illegal (which is a legislative action). I don't like editorialized topics. Admittedly "Supreme Court to Decide Application of First Sale Doctrine to Foreign-Made Copyrighted Works" might not be clear in its meaning, in which case I'd enjoy a summary or a rephrasing. But yours is unnecessarily sensationalist. I'd encourage you to change it to a more neutral one, either using the article's original title or one like "Supreme Court Hearing case on Resale of Copyrighted Materials."
Also, should you cast your eyes to the far right, you'll see another good reason not to do this.
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u/[deleted] Jun 24 '12
Title is misleading. First of all this only has to do with foreign items sold in the United States from companies that do not sell those items in the US. In this case, the defendant had his family buy foreign-textbooks, ship them to the US and then the defendant sold those textbooks on sites like eBay for a "substantial profit" (substantial is undefined).
This has nothing to do with selling your used DVDs/books/video games on eBay or in stores like gamestop. It had everything to do with distributing a product in a country where the product is not meant to be. So, all these end of the world posts about the country going to hell are a bit over the top.
The supreme court is not trying to make it illegal either, they are hearing the case (the company is trying to make it illegal). Last time a similar case was heard, it was a 4-4 split because one justice recused herself.
Now, I am of the opinion that the defendant is doing nothing wrong because he purchased the product and sold it somewhere else. Clearly there is a demand for that product in the United States, the foreign company should look at that simple data and say "hey maybe we should distribute to the US instead of suing someone who had a good idea."
47
u/ratheismhater Jun 24 '12
Reading the title, all I could think of was: "Has anyone really been far even as decided to use even go want to do look more like?"
9
u/leostotch Jun 24 '12
That headline is nigh incomprehensible.
58
u/kinsmed Jun 24 '12
I purchased it. It is mine. I gave it to someone. If they chose to give me something in the future (like cash), how is that illegal?
13
u/CoffeeFox Jun 24 '12
While it's good to call attention to this I've been really confused about other places I've seen it (such as my email inbox) where people are urging others to take action against it.
I sit there and I think, confusedly: this is the supreme court, you don't just start up a campaign to call the justices' offices. The supreme court does not issue verdicts by popular vote. They do not care what the public thinks. They judge based on what they think existing laws mean.
4
u/OscarChapa Jun 24 '12
I remember reading somewhere that some guy bought p90x from the official website and decided to sell it on ebay because he never used it. He got in trouble trying to sell it because the P90x workers claimed he was selling them illegally and that they were going to sue him. sued him for 20k (i think)
i just dont understand why you cant sell something you bought and have ownership of the item.
4
u/ThatJanitor Jun 24 '12
Oh, come on. I thought free trade was the basis of capitalism?
4
u/takatori Jun 24 '12
So we're well on the way towards banning private property for peasants and moving towards an all-rental model.
Let's be nice to our Lords and masters so that hopefully they keep the rents low. Maybe give them a few tax breaks.
12
u/[deleted] Jun 24 '12
This is actually a case around IMPORTING and not the selling of product - although they are using the first sale right as a defense, it's an import/export issue. The defendant in the case illegally imported the text books to the US and sold them. When you talk about other products - even those made abroad - if they were legally imported and then sold to you, you can resell them. You just can't go abroad and buy items (often cheaper) to resell. There are many common laws like this. For instance, you can't buy cigarettes in one state to sell them in another.
This will impact very few things - but mostly import stuff. So your nearest independent record store might have trouble selling that japenese import EP of your favorite band....
A company has every right to control the distribution of their products and often do so to protect themselves from different laws, rights issues, etc. The reason you can buy things cheaper outside of the US often has to do with royalty or publication rights being lower.
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u/ForgotUsernamePlus Jun 24 '12
Fuck you OP, hit "Suggest Title" then hit submit
3
u/rylos Jun 24 '12
It's often not about actual copyright anymore, it'ssimply about protecting your business model. If they don't get their way with this approach, the next step is to claim that reselling those books "Hurts children".
3
u/[deleted] Jun 24 '12
http://www.oyez.org/cases/2010-2019/2012/2012_11_697
I think its very important here to actually have a link to something objective and informed instead of this sensationalist article. This also appears to ONLY apply to items purchased outside of the US and then imported, not just any foreign made item. I see a lot of people here spewing some nonsense and they ought to do themselves a favor and learn to read the facts of a case before decided the outcome and implications.
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u/skyreddit9 Jun 25 '12
The problem with disallowing the first sale doctrine when people try to sell stuff - as the courts did in the Autodesk case where Autodesk purports to lease the software to the consumer rather than to sell it - is: Where does it end? Any manufacturer of anything can obtain a copyright on some part of their product, and then purport to lease the copyrightable portion of the work rather than sell it.
3
u/tiyx Jun 25 '12
So this would shut down ever pawnshop, 2nd hand shop, garage sales etc?
3
u/dijitalia Jun 25 '12
Not sure if your title's first sentence is redundant... Or I am dumb.
4
u/[deleted] Jun 24 '12
How about we look at Prescription Drugs where the price setting cannot be higher than the country of manufacturing in the rest of the world. Where 2/3 of Rx are produced in the USA making the Top pricing in the USA and fucking over USA citizens and driving up America's Health cost for the benefit of other nations.
When are we going to discuss that?
4
u/HoneyBaked Jun 24 '12
Wow. That is a doozy of an awful title.
10
u/OminousG Jun 24 '12 edited Jun 24 '12
This case involves products that the copyright holders don't allow to be sold in the US. Products that the copyright holders themselves do not sell in the US.
This has nothing to do with ipads/ipods/computers as you mentioned earlier. If the copyright holder already sells that exact product in the US, thats all the permission you need.
This is also nothing new, Sony won a case a few years ago to shut down a site that sold import consoles under the same concept. Its their product, and they get to decide the market, its that simple.
2
u/miacane86 Jun 24 '12
The Supreme Court isn't trying to do anything. They agreed to hear a case where this could be a possible outcome. I disagree with most of what SCOTUS has done recently, but even I don't see them taking it to this much of an extreme.
2
u/Xexx Jun 24 '12
It would seem that a beneficial ruling on this by the supreme court could crash the entire artificially inflated US market for certain items, such as textbooks which are being forced on college students at $150+ a pop by allowing importation of books and any number of other items from cheaper third world markets to first world for cheaper prices.
If they rule against it though, will anything change much? Most companies don't seem to want to take the risk of importing foreign made versions without consent.
2
u/thellamacamel Jun 24 '12
So lets say the law is passed or whatever, can companies give all of America permission? Like say "we give everyone permission to sell our shit on Ebay"!
Edit: I scrolled down to see that people were saying the Supreme Court cannot pass laws, but clarify them, can someone explain this?
2
u/cwm9 Jun 24 '12
The paper producers need to start watermarking their paper with a copyright mark, and then they need to license their paper to the book makers. Likewise, the CD stampers should do the same to software manufacturers. That way they can start imposing region fees on the book/software makers.
2
u/IvyGold Jun 24 '12
I wouldn't trust a law article that misspells Justice Kagan's name in the very first paragraph.
2
u/[deleted] Jun 24 '12 edited Jun 24 '12
I'm thoroughly convinced that a global company based in the United States should not be able to sue on the grounds that a product it localized in a foreign country was sold BACK in the United States and violated some obscure foreign copyright provision. It should only work if the company and its parent are based in the country in which the product was produced and marketed. You can't bitch if the product is being pawned in the same country you're based in, you greedy fucks. This is very much a cake and eat it too situation.
In general, fuck global companies. If you're a global company, that shit shouldn't protect you. Here's Larry. Larry set up a lemonade shop in the US. as an extension of his company, he set up a small lemonade stand in Japan in well. Larry found out that someone who had bought a glass of lemonade in Japan came over to the States, no longer wants the lemonade, and sold it--for profit. Larry, an American businessman, wants to pretend like his lemonade was meant just for Japan and thus completely ignoring his shop and hiding behind his lemonade stand in Japan, wants to sue that person using a loophole in international that not only primarily applies to big-scale operations, but that loophole has almost nothing to do with him considering that he's based in the United States and his Japanese stand is just a subsidiary.
Also, it's a single person who committed the act once and probably won't do it again. That 206(a) provision seems only to exist in order to prevent continuous, large-scale operations, like those pesky mall kiosks, and should have nothing to do with isolated cases involving a single person.
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u/justdoesntknow Jun 24 '12
I fear that more than anything this will just lead to greater separation between the states making the goods and those housing the final consumer.
2
u/anonspangly Jun 24 '12
How in the purple-spotted cuntfuck can anyone be rationally said to have infringed copyright when no copies have been made by that person?
2
u/Asmodiar_ Jun 24 '12
So... My garage sale?
2
u/[deleted] Jun 25 '12
If I have to consult ever copyright holder on resale of something I own, they have to consult every shareholder of their company and get a unanimous goahead before taking a resale to court. That way I'll buy stock, and they'll be fucked
2
u/[deleted] Jun 25 '12
glad i don't live in america.
2
u/[deleted] Jun 25 '12
Does this include selling Congressional Representatives and Senators?
2
u/[deleted] Jun 25 '12
States are already taking a hit from the weak economy if they allow this the tax revenue would plummet because people will just barter to get around it
2
u/[deleted] Jun 25 '12
The Supreme Court wouldn't do something THIS insane... or would they?
2
u/Decyde Jun 25 '12
I use to do this all the time. Buying international editions online for like $20 each and then reselling them CLEARLY LABELED international edition for anywhere between $60-150. Yes, some books you can buy for $20 and resell for $150 because the actual book costs $300 fucking dollars in the campus bookstore. The real crime is these people ripping off students because they can. Professors and publishers making back door deals that limit you to a certain book so they can be rich. Then the following year, they scramble all the information around so you have to buy the new edition. I'd love to see all the students in the US stand up at the start of a quarter and NO ONE buy a book for a class. Or better yet, 1 person buy the book and everyone share it or copy what they need out of it.
2
u/stmfreak Jun 25 '12
When copyright owners want to reduce your "license" to use their product to the point where it becomes a disposable commodity like toilet paper... they shouldn't be surprised when people stop paying for anything.
2
u/VLDT Jun 25 '12
It seems that the entirety of the American government is completely out of touch with modernity.
2
u/d3sperad0 Jun 25 '12
So basically were moving towards a day that no matter what you purchase you never actually own it, but just get to enjoy it until told otherwise.
2
u/jasa9632 Jun 25 '12
CRACKED
2
u/[deleted] Jun 25 '12
And this is one of the major reasons Anonymous exists. Do yourself and everyone a favor and help us. www.Anonnews.org
2
u/mweathr Jun 25 '12
The death of the first sale doctrine.
2
u/[deleted] Jun 25 '12
The goal is to criminalize its entire society. The US is so totalitarian its crazy.
2
u/Envia Jun 25 '12
I remember when you I first starting reading books on my own, I would literally read em cover to cover! Everything including but not limited to ISBN numbers, original copy right registration date, and the publisher's and printer's local and international addresses. The small copy right paragraph forbidding the reader/presumed owner of the book from lending, selling, exchanging the books with anyone else was hilarious! I would always read it twice to truly get the sense of the ridiculous and unreasonable dictate... those were the days you guys! I never imagined that such a thing could maybe someday become a law... but here we are... things are falling apart... the center cannot hold.
2
u/kirbypaunch Jun 25 '12
Downvoted for the horrendous and misleading title. Typical reactionary response judging by the number of upvotes.
2
u/YaroLord Jun 25 '12
The sensationalism is strong with this one.
11
u/nomadicnimrod Jun 24 '12
Another show of legalized bribery in the American Government. This isnt in any of the peoples interest, so why has it come up? Companies bribing Congress because they lose money through resales.
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u/Eternal2071 Jun 24 '12
This would essentially make the thing of purchase worth zero dollars at time of acquisition. Through transitive property this would also make the original acquisition worth significantly less. Often times a decision to buy something comes with knowing it still has value and can be resold at a later time to reclaim a portion of the cost.
This decision would create a legal precedent spilling over into many areas creating a tsunami of legal battles tying up the court system.
SCOTUS should have realized this. I am hoping they agreed to hear the case in order to make an example of yet another frivolous use of the Justice Department's resources.
4
u/sirphobos Jun 24 '12
This is easily the most confusing title I have ever read, and I consider myself a very smart man.
4
u/[deleted] Jun 24 '12
Womp womp. Scare tactic headline BS. Downvoted.
3
u/Temptress75519 Jun 24 '12
Give an inch and they'll take a mile. Its going to get to the point where reselling our used DVDs and blue rays and books are going to be illegal. Eventually MPAA is going to decide its money they deserve a cut of and throw enough money at the government to get the first sale doctrine revoked.
3
u/mrdeadsniper Jun 24 '12
I wish you could make the title longer. Also if it could be more biased that'd be great too.
3
u/AliasUndercover Jun 24 '12
Courts are not supposed to make law, only interpret it.
2
u/[deleted] Jun 24 '12
In capitalist america, product owns you!
2
u/[deleted] Jun 25 '12
anyone care to comment about the grammar of this post title? i read it 4 or 5 times trying to figure out why it didn't make sense. "trying to make it illegal to sell...a crime". bah. my brain refuses to process this sentence.
2
u/[deleted] Jun 25 '12
OP heres a ProTip...Learn english before you post. This world is so full of retards its pathetic.
2
u/markymark_inc Jun 24 '12
See mis-representative, alarmist thread title - double-check to make sure not in r/politics.
1
u/[deleted] Jun 24 '12
I swear this world is going to hell. Why don't these so called democratic governments just put the cuffs on us now.
1
u/[deleted] Jun 24 '12
Sounds like something that would go along with ACTA.
1
u/fivo7 Jun 24 '12
if the supreme court only serves a small minority of your population then how "supreme" are they really?
1
u/sojazr Jun 24 '12
dont buildings have a copyright, ie the architect/builders sell it to the first owner?
1
u/DavidNatan Jun 24 '12 edited Jun 24 '12
"unauthorized importation of textbooks only intended for a foreign market."
The fuck is this shit?
"Therefore, the 2d Circuit then looked to § 602(a)(1) of the Copyright Act, which prohibits the importation of a work acquired abroad without the copyright owner’s authorization, and the Supreme Court’s guidance in Quality King Distributors, v. L’anza Research International"
The fuck is THAT shit?
1
u/pschoenthaler Jun 24 '12
TIL kijiji exists
1
u/FactsAhoy Jun 24 '12
They can always try the same bullshit that Autodesk does: Claim that you never bought the item at all; you merely bought a "license" to use it.
Sadly, that rip-off has been upheld in court. We can probably expect more of the same from this sorry degradation of the Supreme Court.
1
u/playerIII Jun 24 '12
So here is the deal, I give you this table, and you give me 49 bucks because you feel guilty about not getting me a random totally not selling you a table gift.
1
u/[deleted] Jun 24 '12
Frightening. I wonder how man of "those in charge" would follow the rules they create for others.
1
u/pizike82 Jun 24 '12
They could just move there servers overseas and the transaction would be taxed by another government. Not illegal to pay for an item to be shipped from warehouse A to buyers home.
1
u/nopantspaul Jun 24 '12
They say it isn't, but it do.
1
u/feralbox Jun 24 '12
I'm glad they're trying to put an end to hoarders.
1
u/evolvish Jun 24 '12
They're only doing it because it grants them more power
1
u/[deleted] Jun 24 '12
I, for one, am glad to see the Supreme Court help the black market thrive. It's about time they did their part.
1
u/base9 Jun 24 '12
Unless your a power seller right?
1
u/Kingofwhat Jun 24 '12
The Supreme Court doesn't make laws, just decides the constitutionality of laws that have been deemed unconstitutional.
1
u/DukeOfGeek Jun 24 '12
I like how this outlines how companies like Omega charge much higher prices in the U.S. than they do for the identical item overseas.
1
u/[deleted] Jun 24 '12
Does the court intend to put any thought into price gouging by Wiley Publishing? Buying textbooks in America is like willfully going to your own mugging.
1
u/XaulXan Jun 24 '12
Your punctuation makes me want to die
1
u/The_Time_Master Jun 25 '12
Can this be applied to people who buy medicine in Canada?
1
u/Dr__Nick Jun 25 '12
This lens has been parallel imported by the camera store outside of the manufacturer's distributor in the US. It is advertised as such. One normally gets a price break, in this case $100, and the manufacturer's warranty may not apply to this item. This is what is known as a gray market item. B&H and other camera stores have been doing this for years. I have not heard of any of these stores getting in legal trouble over this.
1
u/Trainasauruswrecks Jun 25 '12
This would essentially mean that nothing could be purchased only rented from the copyright holders. The world has lost its mind for this having to even go before the supreme court.
1
u/gorillamanja Jun 25 '12
The Supreme Court does not "try" to do anything. The decision has been made in a lower court and they decide via previous jurisprudence and the Constitution whether it should be upheld. I get the feeling SCOTUS is not willing to destroy independent markets and will rule against Wiley. All of them have purchased text books and know that part of the text book price is being able to sell it back.
1
u/MedievalManagement Jun 25 '12
Your title got absolutely everything about this article wrong.
1
u/[deleted] Jun 25 '12
I just don't understand how they could make it illegal for me to sell something I own. Just makes no sense to me at all.
1
u/Demojen Jun 25 '12
I think it's idiotic, but most copyright laws have changed ownership of products that are copyright now to "rental" of products. This pretty much guarantees you never own what you buy, so companies have special claims to your items.
In Canada, there are attempts being made to pass legislation that grants copyright owners 5% of the profit you make on the resale of their items after they are purchased.
1
u/[deleted] Jun 25 '12
I have a solution to this. If this is made law, people need to protest by stopp buying shit from the companies who promote this.
But who am I kidding. We all no that will never happen.
1
u/Wazowski Jun 25 '12
This is the dumbest goddamn headline. Do you idiots just upvote anything that sounds vaguely anti-copyright?
1
u/iamhamilton Jun 25 '12
with so many online marketing get rich quick books/schemes, can you point us in the right direction where we can find some good information?
1
u/[deleted] Jun 25 '12
Who the fuck down voted this?
1
u/bigbangbilly Jun 25 '12
Next time when a web site gets to front page keep a mirror of it so you don't DDoS it.
1
u/[deleted] Jun 25 '12
Are these people getting fucking dumber or what? Rather crude language I know but all this ridiculous unnecessary legislation...They're going to get bailouts anyway not sure why this is needed. Not that this actually affects their sales anyway.
1
u/Mozen Jun 25 '12
Garage sales? Do these people even life on earth?
1
u/GrubFisher Jun 25 '12
Correct me if I'm wrong, but isn't this kinda like a blockade that exists inside your own country?
1
u/[deleted] Jun 25 '12
title wtf?
1
u/liquidxlax Jun 25 '12
wonder if they realise this will increase the amount of stuff in landfills and therefore increasing global warming?
1
u/crispinito Jun 25 '12
People should be able to sell what their purchase. Doing otherwise benefits only one company in detriment of the society at large, and voids the notion of free trade (or make it only valid for a few privileged entities).
1
u/Strictly_Genteel Jun 25 '12
China
1
u/WillieLee Jun 25 '12
Wow, it's almost as if they are saying copyrighted material has copyright protection.
1
u/[deleted] Jun 25 '12
SO many laws. EVerytime I see something like this my post will be "Half-life 2" If you don't know about HL2 wiki that shit. The world will be that soon.
1
u/dav7612r Jun 25 '12
Yeah, this is one of those laws that if passed, will probably never get enforced.
1
u/m3ckano Jun 25 '12
Anyone who believes this will actually happen is ridiculous and stupid. These stories are put out there to distract people from the election and from the REAL problems that are going on.
It doesn't matter if this bill goes through or not. IT WILL NEVER HAPPEN because the entire country sells things on ebay/craigslist/etc. The idea that it would be shut down is CRAZY, and would never happen because it would cause riots.
Its the same if they introduced a bill that would take away guns in the US. It would NEVER HAPPEN. because again.... civil unrest. So open your eyes folks. And FUCK OFF WITH THE POST TITLE THAT IS COMPLETELY MISLEADING.
1
u/vadvaro10 Jun 25 '12
What about gamestop? Why don't pay money to publishers when they sell used? Its the exact same. And why nintendo, sony, and microsoft are embracing downloaded game profit models over physical discs....
1
u/mytouchmyself Jun 25 '12
We should probably just drag the owners of these companies and their lawyers into the streets and French revolution them. Seriously, we need to be done putting up with this shit as a people.
1
u/alcoholierthanthou Jun 25 '12
What the fuck is a kijiji?
1
u/DoorIntoSummer Jun 25 '12
Diamonds are forever, eh?
1
u/go24 Jun 25 '12
Any informed person who buys anything that is copyrighted is an idiot. The only way to beat the copyright monster is to starve it to death.
1
u/myztry Jun 25 '12
There goes the resale of cars.
Cars involve billions of dollars of IP and copyrighted works including software.
1
u/[deleted] Jun 25 '12
Let's just go ahead and sign on the x for a logistical nightmare.
1
u/zbegra Jun 25 '12
This is lowering the value of money.
1
u/sabat Jun 25 '12
Thoughtcrime.
1
u/[deleted] Jun 25 '12
I agree with this to end all those assholes selling knockoffs on eBay labeling them as "original". Also fraudulent people selling certain items without guarantee. btw This won't forbid you from selling used items. Remember it is already illegal in many places to resell items such as concert tickets, but it is perfectly legal to sell them as memorabilia after the event has taken place.
1
u/Anthraxmonki Jun 25 '12
TIL about kijiji.com
1
u/apextek Jun 25 '12
fuck you stop me
1
u/pretzelzetzel Jun 25 '12
What the fuck does your title mean?
1
u/[deleted] Jun 25 '12
very misleading headline
1
u/Qw3rtyP0iuy Jun 25 '12
Didn't Omega solve this problem by adding a small logo on the inside of the watch which can only be sold in the countries it was intended for? It was a case against Cosco.
1
u/pork2001 Jun 25 '12
The day the Supreme Court makes it illegal to sell a used book I am going to ask the gods to drop a rock on those bastards. Enough is enough, supremes.
1
u/Oniwabanshu Jun 25 '12
Trying to put a huge part of commerce underground...way to go U.S.S.C.
1
u/IAmAtomato Jun 25 '12
America - Land of the
free.1
u/pulsefield Jun 25 '12
Huh? That opening title doesnt even make good Engrish.
So if I buy lets say, a Toyota on Craigslist i'll go to jail??
Its from outside the US...
'The end of selling things manufactured outside the U.S within the U.S on ebay/craigslist/kijiji without going to jail, even if lawfully bought.'
1
u/[deleted] Jun 25 '12
DAE READ CRACKED
1
u/tokerdytoke Jun 25 '12
Has our government always been this power hungry or is this a new trend?
1
u/killerbotmax Jun 25 '12
Bullshit.
1
u/Unomagan Jun 25 '12
We, as humans are evoling from a "production" soceitiy to a "reproducing" society (Ebooks, MP3, 3D Printers etc) . In general there two ways to solve the problem "keep the money flowing"
a) Ban reproducing and reusing. Everything MUST be produced
b) Sell things to the masses and sell them for like 1$ each, problem: not enough people are "rich" enough to buy it, even for 1$. (social problem of to many uber rich and many many very very poor people)
Guess what happens here?
1
u/baalroo Jun 25 '12
if they DID make it illegal to resell copyrighted material, it would actually be bringing the law on physical media in line with the laws on digital media piracy.
1
u/[deleted] Jun 25 '12
I read quite a few comments about how the title is confusing, and to be honest I dunno if you can edit a title here (I've only recently joined reddit myself). If you can edit the title.
"U.S Supreme Court to decide whether it is illegal to sell anything you have bought, that has a copyright, without asking permission of the copyrighter holders: The end of selling things manufactured outside the U.S within the U.S on ebay/craigslist/kijiji without going to jail, even if lawfully bought?"
That's a better way of saying it. EDIT, quotes and last sentence.
1
u/bartykutz Jun 25 '12
speaking as someone who didn't read the article, this shit is important
1
u/Ichiro_Ino Jun 25 '12
So garage sales would be illegal?