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Authored by: Anonymous on Tuesday, April 17 2012 @ 09:53 AM EDT |
if you import goods to the USA and do not pay import duty, those
goods are illegal and subject to seizure
There are many reasons
something could "be illegal". But "being illegal" does not necessarily equate
to "breaching copyright".
You could speed in your vehicle, that does not
equate to the vehicle being stolen.
While that may make the books in
question illegitimate goods, does it follow from there that they are at the same
time illegitimate copies?
I would say no for the reason
given.
If that is the case then it raises the question, if he had
paid import duty, would the books then become legitimate
copies?
Someone - without an appropriate license - mass-copies a
book, they wrap it up in a nice neat package, pay the import duties and offer
them up for sale. Does it make sense to you that somehow, just by paying the
import duty, the copies are now safe from copyright infringement claims? I
would hope not.
I'll pass on the other points of discussion simply
because I was focused on the connection between an import duty and whether or
not something would then be legitimate or illegitimate within the context of
Copyright Law.
RAS[ Reply to This | Parent | # ]
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Authored by: Ian Al on Tuesday, April 17 2012 @ 09:57 AM EDT |
Copyright extends around the world via the Berne Convention. So your copyright
work is protected in almost all countries. I have made a study of published
works and can give the following summary:
Publishers are rubbish.
One publisher of a technical tome quoted itself as the copyright holder. Well, I
suppose the named author could have assigned the copyright.
One publisher gave an extensive list of what one could not do without the
copyright owner's permission, but did not give a copyright mark or the name of
the copyright owner.
One work of fiction containing two novels, fully marked the copyright of the
individual novels, the copyright of the double edition compilation and quoted
the English law giving the author the right to assert copyright ownership.
Fantastic!
No book I checked gave a geographical restriction on the licence the publisher
had to publish the copyright text (or even referred to the publishing licence,
at all). I can take the books anywhere in the world, import them from anywhere
in the world and read them on a boat or plane in mid ocean/air and the text is
still protected and the publisher's licence to publish does not get rescinded.
Only local laws limiting grey imports might get in the way of free movement of
books; that and high temperatures like Fahrenheit 451.
It would be interesting to find out under what US law this guy was found guilty
of copyright infringement.
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Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid![ Reply to This | Parent | # ]
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