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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. ...

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.

assholes. like they don't make enough money bleeding everybody. and then they cry piracy in the name of the artist when the artist doesn't get any of the profits either. assholes, again.

I have a prediction. People are going to flock to ebay and other web based used item sites to sell their used CD's and DVD's. The music industry and possibly the movie industry will put pressure on lawmakers to make a national law regarding the sale of used CD's and DVD's through the web. eBay will counter by stating that the practice of making them responsible for checking the legitimacy of each copy sold through their site is unfair to their business and implausible to implement.

After that, the lawmakers will most likely side with eBay for 2 reasons. Number one, a consumer shopping on that site assumes that they are buying a legit copy of an album or movie, but its just used. So selling a pirate copy runs the risk of being reported by the purchaser.

Second, checking the legitimacy of items not in the possession of the website is impossible. eBay cannot go to each seller and check every copy of every CD or DVD for sale. Its impossible. As long as eBay maintains a policy that it does not condone the act of selling pirated materials, they can't be held liable. Ultimately, it will be up to the individual purchasers to report pirated materials.