I'm Sorry, I Can't Hear You
Ars Technica reports that used CDs are going to be subject to waiting periods and resale restrictions in Florida, Rhode Island, Wisconsin, and Utah. Ken Fisher writes:
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.
Billboard also has the story. For any of my old Duke Moot Court buddies who can’t quite believe this is happening, you can read Utah’s version of the bill. The bill begins by redefining pawn brokers to include any shops that sell secondhand merchandise (13-32a-102), and then enumerates what must be recorded at the time of transaction. To whit:
(1) Every pawnbroker or secondhand merchandise dealer shall keep a register of each article of property a person pawns or sells to the pawnbroker or secondhand merchandise dealer, except as provided in Subsection 13-32a-102 (17)(b) regarding secondhand merchandise dealers. Every pawn and secondhand business owner or operator, or his employee, shall enter the following information regarding every article pawned or sold to the owner or employee:
- (a) the date and time of the transaction;
- (b) the pawn transaction ticket number, if the article is pawned;
- (c) the date by which the article must be redeemed;
- (d) the following information regarding the person who pawns or sells the article:
- (i) the person's name, residence address, and date of birth;
- (ii) the number of the driver license or other form of positive identification presented by the person, and notations of discrepancies if the person's physical description, including gender, height, weight, race, age, hair color, and eye color, does not correspond with identification provided by the person;
- (iii) the person's signature; and
- (iv) a legible fingerprint of the person's right thumb, or if the right thumb cannot be fingerprinted, a legible fingerprint of the person with a written notation identifying the fingerprint and the reason why the thumb print was unavailable;
- (e) the amount loaned on or paid for the article, or the article for which it was traded;
- (f) the identification of the pawn or secondhand business owner or the employee, whoever is making the register entry; and
- (g) an accurate description of the article of property, including available identifying s such as:
- (i) names, brand names, numbers, serial numbers, model numbers, color, facturers' names, and size;
- (ii) metallic composition, and any jewels, stones, or glass;
This law is completely asinine, inexcusable, and downright disgusting. It impedes the free market, effectively criminalizes what ought to be completely legal behavior, and has absolutely no positive benefit whatsoever to anyone except the recording industry umbrella organizations. Get this information onto the mainstream media so that people can start understanding what the RIAA actually stands for.
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