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Authored by: Tolerance on Tuesday, March 19 2013 @ 05:57 PM EDT |
That opinion (that " the First Sale Doctrine doesn't apply unless at least
some identical copies are imported with Wiley's permission.") was in
Denbicare v Toys “R” Us., one of the cases 'like' Omega v Costco. You're
not wrong, though: Breyer does explicitly say
"In our view, the
answers to these questions are, yes. We hold that the “first sale” doctrine
applies to copies of a copyrighted work lawfully made
abroad."
The SC is trying to resolve a circuit split, and the
Ninth Circuit's Denbicare case is just one of several mutually
inconsistent ones which disagree on "lawfully".
Costco is
important because before SCOTUS, the judges were split 4-4 which let its
principle stand (though only for that circuit). Wiley now suggests, as Breyer
points out, that first sale did not apply at least [his emphasis] to “the
foreign production of a copy for distribution exclusively
abroad”.
Breyer drew the connection with Denbicare which
specified that identical copies must still be imported with the copyright
holder's permission before the first sale doctrine applies.
--- Grumpy
old man [ Reply to This | Parent | # ]
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Authored by: rsteinmetz70112 on Tuesday, March 19 2013 @ 05:58 PM EDT |
"We hold that the “first sale” doctrine applies to copies of a copyrighted
work lawfully made abroad."
There is very little wiggle room in this sentence. Pirated DVDs and counterfeit
goods are still illegal but legal copies made anywhere in the world are legal to
import.
There may be some interesting cases coming down the pike on things made legally
elsewhere but in violation of US law. Like for example compulsorily licensed
drugs in India or even drugs re-imported into the US..
I take this as a very good sign that someone will contest the EULAs for packaged
software. So far most companies (except Autodesk) have not been willing to
really go after some of the more egregious EULA terms sticking to cases of
unlicensed copying.
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
[ Reply to This | Parent | # ]
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Authored by: Anonymous on Wednesday, March 20 2013 @ 08:07 PM EDT |
and that's the wave of the future. [ Reply to This | Parent | # ]
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