03-24-2013, 10:56 PM | #1 | ||
Hall Of Famer
Join Date: Nov 2000
Location: The State of Insanity
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Supreme Court upholds right of first sale..
http://www.supremecourt.gov/opinions...1-697_d1o2.pdf
Very interesting decision. Person buys foreign books overseas for cheap price, and sells them here in the US for lower then list price, but still makes money on the transaction. Publisher had sued claiming copyright violation, but the court held that the right of first sale did not extend JUST to the US, but world wide. I wouldn't be surprised to see a burgeoning grey market in such things as pharmaceuticals and software as well as books as a result of this. They charge a hell of a lot more for stuff here in the US then they do in developing markets..
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03-24-2013, 11:36 PM | #2 |
Head Coach
Join Date: Oct 2002
Location: Georgia
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Interesting voting breakdown. Breyer, Thomas, Alito, Roberts, Sotomayor, and Kagan in the majority. Ginsburg, Kennedy, and Scalia in dissent.
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03-25-2013, 12:06 AM | #3 |
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Join Date: Oct 2002
Location: The Mountains
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More and more copyrighted goods will probably just be licensed rather than sold, because the right of first sale only applies to owners. Software and e-book companies already do this, not sure if it could work with textbooks. Congress could just clarify if this is what they want the Copyright Act to mean, if of course, Congress still passed laws and stuff.
Last edited by molson : 03-25-2013 at 12:07 AM. |
03-25-2013, 08:55 PM | #4 |
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Location: Fresno, CA
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03-25-2013, 09:39 PM | #5 | |
Coordinator
Join Date: Apr 2005
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Quote:
I can't see pharmaceuticals falling into this category, since it's illegal to privately sell them. |
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