[arstechnica.com]

"Record shops: Used CDs? Ihre papieren, bitte!
By Ken Fisher | Published: May 07, 2007 - 01:23PM CT

There are a few things lawmakers have decided really ought to be handled with the "care and oversight" that only the government can provide: e.g., tax collection, radioactive materials, biohazards, guns, and CDs. CDs? No, I'm not talking about financial Certificates of Deposit, though that might make more sense. I'm talking about Compact Discs.

New "pawn shop" laws are springing up across the United States that will make selling your used CDs at the local record shop something akin to getting arrested. No, you won't spend any time in jail, but you'll certainly feel like a criminal once the local record shop makes copies of all of your identifying information and even collects your fingerprints. Such is the state of affairs in Florida, which now has the dubious distinction of being so anal about the sale of used music CDs that record shops there are starting to get out of the business of dealing with used content because they don't want to pay a $10,000 bond for the "right" to treat their customers like criminals.

The legislation is supposed to stop the sale of counterfeit and/or stolen music CDs, despite the fact that there has been no proof that this is a particularly pressing problem for record shops in general. Yet John Mitchell, outside counsel for the National Association of Recording Merchandisers, told Billboard that this is part of "some sort of a new trend among states to support second-hand-goods legislation." And he expects it to grow.

In Florida, Utah, and soon in Rhode Island and Wisconsin, selling your used CDs to the local record joint will be more scrutinized than then getting a driver's license in those states. For retailers in Florida, for instance, there's a "waiting period" statue that prohibits them from selling used CDs that they've acquired until 30 days have passed. Furthermore, the Florida law disallows stores from providing anything but store credit for used CDs. It looks like college students will need to stick to blood plasma donations for beer money.

Why this trend, and why now? It's difficult to say, but to be sure, there is no love lost between retailers who sell used CDs and the music industry. The Federal Trade Commission has scrutinized the music industry for putting unfair pressures on retailers who sell used CDs, following a long battle between the music industry and retailers in the mid 90s. The music industry dislikes used CD sales because they don't get a cut of subsequent sales after the first. Now, via the specter of piracy, new legislation is cropping up that will make it even less desirable to sell second-hand goods. Can laws targeting used DVDs be far behind?

The music industry has never been a big fan of the Doctrine of First Sale, and the rise of digital music sales will only exacerbate the tension between consumers who believe that they "own" what they pay for, and the music industry. As more and more content-oriented goods transition to digital formats that are distributed free of physical formats, this issue is going to get tricky because it will be harder to spot the counterfeits from the authentic products, and consumers will still expect to exercise robust rights with the content that they've paid for with their hard-earned cash."

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My music blog: [www.auditorymusings.net]


The Garden of the Gods in Colorado Springs, Colorado

We used to have great used CD shops around the university near me. Unfortunately they have all gone out of business over the last year. I thought the iPod and online music killed them, maybe it was more than just that.

In Florida used CD vendors will be required to purchase a $10,000 bond, and buyers and sellers will be required to submit fingerprints.

Does anyone else see anything a little odd about this?

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MacResource User Map: [www.zeemaps.com]#



Edited 1 time(s). Last edit at 05/09/2007 11:47AM by ztirffritz.

That is far more restrictive than gun sales/trades. All you need to do to sell your gun is take the cash and give them the gun. (sure, don't sell to underage or felons, but fake IDs preclude your ability to do that)

That's pretty funny. There's a 30 day waiting period to sell a used CD, but only a 3-day waiting period to sell a handgun.

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"In science it often happens that scientists say, 'You know that's a really good argument; my position is mistaken,' and then they would actually change their minds and you never hear that old view from them again. They really do it. It doesn't happen as often as it should, because scientists are human and change is sometimes painful. But it happens every day. I cannot recall the last time something like that happened in politics or religion." (1987) -- Carl Sagan

I wonder if this will bleed over into my Amazon sales of used CDs and DVDs? Will they instill a "no shipping to FL" rule?

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I am unaware of any waiting period to buy a gun. It might be certain states. But, I've only seen where you walk in, pay, and walk out with a handgun. There is a NICS instant background check. note the word INSTANT.

[www.fbi.gov]

Quote
Jp!
I am unaware of any waiting period to buy a gun. It might be certain states. But, I've only seen where you walk in, pay, and walk out with a handgun. There is a NICS instant background check. note the word INSTANT.

It is a Florida state requirement. Note that Florida has some of the loosest gun laws in the nation, which is why many gun smugglers go there to get their equipment to sell to criminals in other states. [www.bradycampaign.org]

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"In science it often happens that scientists say, 'You know that's a really good argument; my position is mistaken,' and then they would actually change their minds and you never hear that old view from them again. They really do it. It doesn't happen as often as it should, because scientists are human and change is sometimes painful. But it happens every day. I cannot recall the last time something like that happened in politics or religion." (1987) -- Carl Sagan

FL is pretty far down the chart of 'evil gun dealer' rankings.
[64.233.167.104]
IN appears first.

But, not meaning to hijack.

They can solve two problems together with just making people sell a used CD in order to get a gun...

No used CD, no gun.

If used CDs are outlawed, only outlaws will have used CDs...

All you need to do to sell your gun is take the cash and give them the gun...

I am unaware of any waiting period to buy a gun.

You don't get out much. MANY states do NOT do cash and carry sales of firearms. CA and many others have a waiting period. Also, in CA, one must conduct a legal sale of a personal firearm in the same manner as buying a new one from a dealer.

Also note the word INSTANT really ISN'T, in many cases. The NCIC check *could* be instant, and should be according to some state laws.

I'm one of the few gun owners who favor a waiting period for all firearms, long guns, handguns, modern and functional antiques.

Used CDs may be the next item banned from eBay. I've got about 300 to sell, I better get busy.

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Grateful11

I've been buying used CD's for about a year now. At least 200+ on eBay. If I buy anything new, it's a compilation, or the week of the new release ($9.99 @ BB).

If this thing ruins lala.com, I'm going to be seriously pissed. kj.

Wow. Your friendly RIAA at work. I'm sure they lobbied the legislatures under the guise of 'piracy'. Those are evil 'Pirates' selling the CD's, the same evil 'Pirates' who trade those mp3's. Our poor artists don't see anything from those sales. Waaaaaa!!!!



Edited 1 time(s). Last edit at 05/10/2007 04:44AM by Sam3.