Reason #407 why record executives are clueless

This is the stupidest idea since the live-action remake of Underdog.

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?

More music-industry stupidity. Yo. Record label execs. Once someone's bought the CD the first time around, you've already gotten your money. After it's purchased, it is officially out of your hands. Deal with it.

I've purchased lots of used CDs over the years, and this just makes me want to head to my favorite indie record shop (Rockit Scientist Records in the East Village) and stock up on more. Besides, I'm sure that a. a lot of these used CDs are cutouts and b. it doesn't hurt the industry half as much as the paranoid nitwits at the record labels pretend it does.

Besides, this has to violate some sort of privacy laws. Is there an ACLU lawyer in the house?