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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsYou Bought It, You Own It: Supreme Court Victory for Common Sense and Owners' Rights
Last edited Fri Mar 22, 2013, 12:56 PM - Edit history (1)
http://www.eff.org/deeplinks/2013/03/you-bought-it-you-own-it-supreme-court-victory-common-sense-and-owners-rightsIn a long-anticipated decision, the Supreme Court held today that the first sale doctrine applies to works made outside of the United States. In other words, if you bought it, you own itno matter where it was manufactured. That's a major victory for consumers, and also libraries, used bookstores, and all kinds of groups that depend on the right to lend or resell the goods they've legally purchased.
This case, Kirtsaeng v. Wiley, specifically concerned the re-sale of textbooks in the U.S. The first sale doctrine, described in section 109 of the U.S. Copyright Act, gives people the right to resell, lend, or give away the works that theyve bought, even if those works contain copyrighted elements. Textbook publisher Wiley claimed that this doctrine only applies to goods that are manufactured in the U.S., and that the defendant, Supap Kirtsaeng, was infringing its copyright by purchasing books at a reduced rate in his native Thailand and selling them below list price in the States.
In other words, under Wiley's interpretation, copyright owners that are crafty enough to outsource the actual manufacture of their works abroad could control the secondary market for copies of works that were manufactured abroad for the entire copyright term.
The Supreme Court firmly rejected that notion, which it called the geographical interpretation. Your right to resell, lend, or give away the works that you buy does not depend on whether you happen to buy them in the US, or in Amsterdam or anywhere else. Rather, it simply depends on whether the copyright owner authorized the manufacture of the copy.
In a long-anticipated decision, the Supreme Court held today that the first sale doctrine applies to works made outside of the United States. In other words, if you bought it, you own itno matter where it was manufactured. That's a major victory for consumers, and also libraries, used bookstores, and all kinds of groups that depend on the right to lend or resell the goods they've legally purchased.
This case, Kirtsaeng v. Wiley, specifically concerned the re-sale of textbooks in the U.S. The first sale doctrine, described in section 109 of the U.S. Copyright Act, gives people the right to resell, lend, or give away the works that theyve bought, even if those works contain copyrighted elements. Textbook publisher Wiley claimed that this doctrine only applies to goods that are manufactured in the U.S., and that the defendant, Supap Kirtsaeng, was infringing its copyright by purchasing books at a reduced rate in his native Thailand and selling them below list price in the States.
In other words, under Wiley's interpretation, copyright owners that are crafty enough to outsource the actual manufacture of their works abroad could control the secondary market for copies of works that were manufactured abroad for the entire copyright term.
The Supreme Court firmly rejected that notion, which it called the geographical interpretation. Your right to resell, lend, or give away the works that you buy does not depend on whether you happen to buy them in the US, or in Amsterdam or anywhere else. Rather, it simply depends on whether the copyright owner authorized the manufacture of the copy.
The Obama admin was on the wrong side of this issue. Glad the SC got it right, with Obama appointees Kagan and Sotomayor on the right side of the issue, thankfully.
-app
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You Bought It, You Own It: Supreme Court Victory for Common Sense and Owners' Rights (Original Post)
appal_jack
Mar 2013
OP
MannyGoldstein
(34,589 posts)1. Obama admin sided with total corporate abuse?
Shocking, but not surprising I guess.
appal_jack
(3,813 posts)2. More info at this link:
More info at this link (the LBN thread where I originally posted this was locked for being not late-breaking enough...):
http://www.techdirt.com/articles/20130319/08094922377/supreme-court-gets-it-right-kirtsaeng-you-can-resell-things-you-bought-abroad-without-infringing.shtml
The Obama admin was certainly toeing the old media corporate line in their amicus brief. Again, glad that common sense ruled the day.
-app
appal_jack
(3,813 posts)3. EFF also has the full text of the decision available:
EFF also has the full text of the decision available:
https://www.eff.org/document/supreme-court-decision-kirtsaeng-v-wiley
-app