Reading the news lately you can’t help but get the impression that property rights are a thing of the past. We’ve all heard of the US Supreme Court decision in Kelo, which essentially holds that the government can order us to sell our property, who we have to sell it to, and how much we have to charge.

Friday it was uncovered that Arizona was arbitrarily taking money sent via Western Union and then making people prove it wasn’t related to drug trafficking.

Yesterday I read yet another disturbing ruling by a government. Someone was selling PSPs in Europe that they had bought in Japan. Let me stress this point: They did not steal a bunch of PSPs. They legally bought them! Doesn’t buying something mean you own it?! Apparently not.

Anyway, Sony did not like it so it brought a court action against the reseller. A UK Court determined that because the PSPs were resold “without Sony’s consent” it violated Sony’s intellectual property rights. Apparently buyers of Sony products have somehow lost their rights to resell their stuff.

Of course, that decision isn’t exactly new. It’s currently illegal under the DMCA to modify your Xbox in the US. And way back in 2002 a UK court determined that the supermarket chain Tesco could not buy Levi jeans outside the UK and resell them in the UK. Again and again, IP rights are trumping real property rights.

I can’t help but wonder when the US automotive industry will jump on this bandwagon. Imagine the increased sales of new cars if used cars were made difficult to resell?! That’s essentially what the government of Japan has done to the used car market over there. (see also the “How do I get a car” section of the Japan FAQ here and this article here.) It should be noted that Japan tried to do the same thing with electronics, but pulled back a bit.

Enjoy the property rights you currently think you have. You know, like selling your car or tinkering with your electronics. You probably won’t be able to do these things much longer.



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    *************

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  9. Good point, but that fact does not allow anyone to restrict what can be done with the physical item containing IP as designed.

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    It would seem logical to lobby and support politicians who would pursue changing such laws so they are less vague/open to interpretation, and more palatable where individual rights are concerned.

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