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Porn Users Forum » Vintage porn lovers rejoice! Supreme Court OK's exchanging certain copyrighted material.
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12-12-13  06:41pm - 4028 days Original Post - #1
LPee23 (0)
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Posts: 399
Registered: Jul 14, '13
Location: USA
Vintage porn lovers rejoice! Supreme Court OK's exchanging certain copyrighted material.

There was a ruling by the US Supreme Court in March of this year that we should all know about. They ruled that it is not a copyright violation to re-sell copyrighted works as long as 1) the original copy was obtained lawfully and 2) the seller does not keep a copy. This was termed the "First Sale Doctrine."

Here is a link to an article describing the ruling: http://smallbiztrends.com/2013/03/resale...-you-bought-own.html

Of course, this will not change anything in the world of file sharing and piracy because no one will really delete their original copies.

Here's a situation where the new ruling will come into play. Let's say I was a collector of vintage porn, and I had found someone looking to get rid of their old collection. Under the previous copyright law, it would technically be illegal to exchange that collection. It would only be legal for the owner to keep it or dispose of it. Now it is no longer proposing a copyright violation to ask for the trade, donation, or sale of old collections that the owners want to get rid of! This is a great day for collectors of vintage porn, since it opens up new channels for trading! If more people end up trading as a result of this, then the new ruling will help keep the vintage porn that many of us love alive! Better to be pissed on, than to be pissed off.

12-12-13  07:23pm - 4028 days #2
Khan (0)
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Posts: 1,737
Registered: Jan 05, '07
Location: USA
I'm certainly no lawyer but ...

Before reading too much into this, one would do well to check with an attorney who knows copyright law. I suspect this ruling is for "tangible" (as in physical DVD's) rather than just stuff you download. For downloaded stuff, you'd also need to know the membership agreement for the site where you got it. I know of no site that says (or implies) that you own porn you download from their site.

Just my Former PornUsers Senior Administrator
Now at: MyPorn.com

"To get your ideas across use small words, big ideas, and short sentences."-John Henry Patterson

12-12-13  07:38pm - 4028 days #3
LPee23 (0)
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Posts: 399
Registered: Jul 14, '13
Location: USA
I am very interested to research this, and I will definitely post again when I find out more. You may be right Khan, but then again, while consumers can claim ownership of the physical media of a DVD, they have no more ownership of the content on the DVD than if they just downloaded the content online. Better to be pissed on, than to be pissed off.

12-12-13  07:55pm - 4028 days #4
Khan (0)
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Posts: 1,737
Registered: Jan 05, '07
Location: USA
When you talk to your lawyer, make sure you let them know it's porn you're thinking of reselling/redistributing. I say this because when it comes to porn, then there are other laws to be concerned with other than just copyright laws. For instance, Title 18 U.S.C. § 2257 and related regulations.

Finally, I'll remind everyone that you can *never* get credible legal advice from an Internet forum.

Anyway, that's all I have to say on this subject (and even this was more than I should have). Former PornUsers Senior Administrator
Now at: MyPorn.com

"To get your ideas across use small words, big ideas, and short sentences."-John Henry Patterson

12-12-13  11:25pm - 4027 days #5
Capn (0)
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Posts: 1,740
Registered: Sep 05, '09
Location: Near the Beer!
Another thing worth pointing out is that it would only be valid legislation for the USA.

Cap'n. Admiral of the PU Hindenburg. 2009 PU Award
Hilarious Post of the Year 2010 PU Award
( I would have preferred it to be Helpful Post of the Year for Guys who Hate 'Retail Therapy' ) :0/
Sanity is in the eye of the Beholder!

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