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???? Import duty decides whether a copy is legitatmit? | 311 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Gey market import/First Sale
Authored by: hAckz0r on Monday, April 16 2012 @ 04:58 PM EDT
I think you are probably right about the import duty aspect of this case.

---
DRM - As a "solution", it solves the wrong problem; As a "technology" its only 'logically' infeasible.

[ Reply to This | Parent | # ]

???? Import duty decides whether a copy is legitatmit?
Authored by: Anonymous on Monday, April 16 2012 @ 06:42 PM EDT

Caveat: IANAL!

Please point to the section of Copyright Law that would identify a copy is not legitamit if the import duty is not paid.

That's the kind of Logic that lead the RIAA to claim "unauthorized = illegal".

While I would agree not paying an import duty where applicable would be against the Law... it's not Copyright Law I would it expect it to infringe upon.

I only speak to the supposed link between having a legitamit copy according to Copyright Law and paying an import duty.

I figure if there's any issue, it'll be on the potential Legal aspects of whether or not the First Sale Doctrine applies to legitamit copies purchased outside the Country and imported in. Questions that I'd expect to arise are:

    Does a copyright holder have the right to the proceeds from the first sale of any copy sold for the first time in the Jurisdiction that the given First Sale Doctrine holds?
    Does that only apply when the sale appears to be more then just a private sale - when it's more like a commercial sale from a business?
But I seriously doubt an otherwise legal copy becomes an illegitamit copy simply because import duties weren't paid.

RAS

[ Reply to This | Parent | # ]

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