Nobody could rely on Costco because the Justices were divided.
I'm sorry I was unclear. I partly meant the time when the case
was before the court prior to them giving a decision which is similar to the
state of the current case. Also, I believe everyone in the 9th circuit can rely
on Costco v. Omega even though not everyone in the country
can.
Before the decision was rendered we didn't know it was going to be
evenly divided just like we don't know how the SCotUS will decided on the
current case. My question remains, why is there so much more hue and cry this
time around on exactly the same issue?
Is the public/media becoming more
aware of the dangers of losing first sale rights? If so, why? Is the court
learning from its past mistakes? It seems there has been a sea change in the
awareness of the pitfalls that would ensue if we did away with first sale rights
on foreign goods.
--- Our job is to remind ourselves that there are
more contexts
than the one we’re in now — the one that we think is reality.
-- Alan Kay [ Reply to This | Parent | # ]
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