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What about Costco v. Omega? | 226 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
What about Costco v. Omega?
Authored by: dio gratia on Monday, October 29 2012 @ 10:26 PM EDT
Wasn't this eventually decided against Omega for copyright misuse?

[ Reply to This | Parent | # ]

What about Costco v. Omega?
Authored by: jbb on Tuesday, October 30 2012 @ 04:24 AM EDT
Nobody could rely on Costco because the Justices were divided.
I'm sorry I was unclear. I partly meant the time when the case was before the court prior to them giving a decision which is similar to the state of the current case. Also, I believe everyone in the 9th circuit can rely on Costco v. Omega even though not everyone in the country can.

Before the decision was rendered we didn't know it was going to be evenly divided just like we don't know how the SCotUS will decided on the current case. My question remains, why is there so much more hue and cry this time around on exactly the same issue?

Is the public/media becoming more aware of the dangers of losing first sale rights? If so, why? Is the court learning from its past mistakes? It seems there has been a sea change in the awareness of the pitfalls that would ensue if we did away with first sale rights on foreign goods.

---
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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