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Authored by: jbb on Tuesday, March 19 2013 @ 05:01 PM EDT |
The current ruling specifically mentions Omega v. Costco and other
rulings about first sale and importation. This ruling supersedes those earlier
decisions. There is no need for the publisher to import some copies in order
for the first sale doctrine to apply. In fact, I don't remember that provision
as being part of the lower court's Omega v. Costco decision. As Justice
Breyer explains:
And the Ninth Circuit [in Omega v. Costco]
has held that those words ["lawfully made under this title"] limit the
"first
sale" doctrine’s applicability (1) to copies lawfully
made in the United States,
and (2) to copies lawfully made
outside the United States but initially sold in
the United
States with the copyright owner’s permission.
Note that
in (2) they are talking about specific copies initially sold in the
United States.
OTOH, I think you are right about leases giving publishers
a loophole to circumvent the first sale doctrine. Still,
I see nothing wrong
with the current ruling. If they had ruled the other way then there would have
been grave negative consequences.
--- 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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Authored by: Anonymous on Tuesday, March 19 2013 @ 05:16 PM EDT |
I agree with most of your post, however, let's also remind ourselves that Omega
v. Costco is only precedent in the 9th circuit, and doesn't establish anything
anywhere else, even if it can be seen as influential or persuasive.
Also, I haven't had a chance to read either case, but I get the feeling that
this decision may have overturned Omega in whole or in part. That may be worth
considering.[ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, March 19 2013 @ 05:26 PM EDT |
Maybe the authors will wise up and refuse to sell to the obsolete publishers
and "lease" the printing rights. It might also have the benefit of
bringing the manufacturing process back to the U.S. I want to see the
reaction of the pharmaceutical companies who manufacture oversees and sell here
at outrageously inflated prices.. Seems like that ship might be sailing with
this decision too?[ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, March 19 2013 @ 07:25 PM EDT |
With website add ons, class tests etc we are getting close to this. And getting
very close to a real ethical problem for persons specifying texts. Never sure if
subsequent purchasers will get access to things like class tests ... [ Reply to This | Parent | # ]
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Authored by: Anonymous on Wednesday, March 20 2013 @ 05:37 AM EDT |
A simpler approach: The company could very carefully read and compare the
applicable US copyright law and the Thai copyright law, and if there is the
tiniest
difference it might be possible to create books in Thailand in a way
that
conforms with Thai copyright law, but is not "lawful under this title". [ Reply to This | Parent | # ]
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