decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Omega v. Costco is overturned in this ruling, I think,in this ruling | 367 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
It wasn't Costco
Authored by: Tolerance on Tuesday, March 19 2013 @ 05:57 PM EDT
That opinion (that " the First Sale Doctrine doesn't apply unless at least some identical copies are imported with Wiley's permission.") was in Denbicare v Toys “R” Us., one of the cases 'like' Omega v Costco. You're not wrong, though: Breyer does explicitly say
"In our view, the answers to these questions are, yes. We hold that the “first sale” doctrine applies to copies of a copyrighted work lawfully made abroad."

The SC is trying to resolve a circuit split, and the Ninth Circuit's Denbicare case is just one of several mutually inconsistent ones which disagree on "lawfully".

Costco is important because before SCOTUS, the judges were split 4-4 which let its principle stand (though only for that circuit). Wiley now suggests, as Breyer points out, that first sale did not apply at least [his emphasis] to “the foreign production of a copy for distribution exclusively abroad”.

Breyer drew the connection with Denbicare which specified that identical copies must still be imported with the copyright holder's permission before the first sale doctrine applies.

---
Grumpy old man

[ Reply to This | Parent | # ]

Omega v. Costco is overturned in this ruling, I think,in this ruling
Authored by: rsteinmetz70112 on Tuesday, March 19 2013 @ 05:58 PM EDT
"We hold that the “first sale” doctrine applies to copies of a copyrighted
work lawfully made abroad."

There is very little wiggle room in this sentence. Pirated DVDs and counterfeit
goods are still illegal but legal copies made anywhere in the world are legal to
import.

There may be some interesting cases coming down the pike on things made legally
elsewhere but in violation of US law. Like for example compulsorily licensed
drugs in India or even drugs re-imported into the US..

I take this as a very good sign that someone will contest the EULAs for packaged
software. So far most companies (except Autodesk) have not been willing to
really go after some of the more egregious EULA terms sticking to cases of
unlicensed copying.



---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

A book lease is all you get for Kindle
Authored by: Anonymous on Wednesday, March 20 2013 @ 08:07 PM EDT
and that's the wave of the future.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )