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Kirtsaeng v. John Wiley & Sons | 227 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Kirtsaeng v. John Wiley & Sons
Authored by: complex_number on Wednesday, June 13 2012 @ 11:55 AM EDT
you are mistaken in your assumption. (IANAL etc)

If you Buy something from a US Store then no matter where it is actually made
the first sale to and 'end user' is in the USA and therefore the first sale
doctrine will apply.

If the publishers in this case lose the first sale case I fully expect them to
sue again this time for copyright violation.
As I understand it, one of the reason (AFAIK) for DVD region encoding is to stop
cheap legal copies being sold in the US. Some parts of the world can't take US
prices so they are sold cheaper. The Region encoding keeps the majority of these
cheap yet legal copies out of the US Market.

Inside many textbooks you see a copyright text. Sometimes that tells you where
you may use or sell the book.
Some of my Textbooks (obtained legally in Japan) on Stochastic Control Eng and
Statistical Queueing Theory also contain the words 'Not for Sale or Use in the
USA' despite them being written by American Authors.
Put that in evert textbook and you then have a case for copyright violation if
any of these ever get put up for sale on Ebay in the US.

Now that I've mentioned them here and if I were to take them with me when I fly
to San Diego at the weekend, I'd fully expect to be 'served' or even arrested as
I enter the US at LAX. That is how bad the US Legal system is broken. Don't
worry I'm not going to take them.

I'm sure that all publishers would love to see a law where it is illegal to own
books that are out of copyright.
I'd be right up the creek with my collection of 18th & 19th Century
Engineering Textbooks. Luckily old books are regarded in many coutries as works
of art and thus protected.



---
Ubuntu & 'apt-get' are not the answer to Life, The Universe & Everything which
is of course, "42" or is it 1.618?

[ Reply to This | Parent | # ]

Kirtsaeng v. John Wiley & Sons
Authored by: darrellb on Wednesday, June 13 2012 @ 04:02 PM EDT
Your argument assumes that the retail sector sells nothing but copyrighted
materials. I do not know what percentage of goods sold in the retail sector is
subject to copyright protection, but I'm quite sure that it is substantailly
less than 100%. You incorrectly assert that nothing is manufactured in the US.
I'm quite sure that US manufacturing has not dropped to zero.

Fallacious argument does not help the discussion.

[ Reply to This | Parent | # ]

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