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They talk about Omega v. Costco in this ruling | 367 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
They talk about Omega v. Costco in this ruling
Authored by: jbb on Tuesday, March 19 2013 @ 05:01 PM EDT
The current ruling specifically mentions Omega v. Costco and other rulings about first sale and importation. This ruling supersedes those earlier decisions. There is no need for the publisher to import some copies in order for the first sale doctrine to apply. In fact, I don't remember that provision as being part of the lower court's Omega v. Costco decision. As Justice Breyer explains:
And the Ninth Circuit [in Omega v. Costco] has held that those words ["lawfully made under this title"] limit the "first sale" doctrine’s applicability (1) to copies lawfully made in the United States, and (2) to copies lawfully made outside the United States but initially sold in the United States with the copyright owner’s permission.
Note that in (2) they are talking about specific copies initially sold in the United States.

OTOH, I think you are right about leases giving publishers a loophole to circumvent the first sale doctrine. Still, I see nothing wrong with the current ruling. If they had ruled the other way then there would have been grave negative consequences.

---
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 | # ]

Text purchases will be leases
Authored by: Anonymous on Tuesday, March 19 2013 @ 05:16 PM EDT
I agree with most of your post, however, let's also remind ourselves that Omega
v. Costco is only precedent in the 9th circuit, and doesn't establish anything
anywhere else, even if it can be seen as influential or persuasive.

Also, I haven't had a chance to read either case, but I get the feeling that
this decision may have overturned Omega in whole or in part. That may be worth
considering.

[ Reply to This | Parent | # ]

Text purchases will be leases
Authored by: Anonymous on Tuesday, March 19 2013 @ 05:26 PM EDT
Maybe the authors will wise up and refuse to sell to the obsolete publishers
and "lease" the printing rights. It might also have the benefit of
bringing the manufacturing process back to the U.S. I want to see the
reaction of the pharmaceutical companies who manufacture oversees and sell here
at outrageously inflated prices.. Seems like that ship might be sailing with
this decision too?

[ Reply to This | Parent | # ]

Text purchases will be leases
Authored by: Anonymous on Tuesday, March 19 2013 @ 07:25 PM EDT
With website add ons, class tests etc we are getting close to this. And getting
very close to a real ethical problem for persons specifying texts. Never sure if
subsequent purchasers will get access to things like class tests ...

[ Reply to This | Parent | # ]

Text purchases will be leases
Authored by: Anonymous on Wednesday, March 20 2013 @ 05:37 AM EDT
A simpler approach: The company could very carefully read and compare the
applicable US copyright law and the Thai copyright law, and if there is the
tiniest
difference it might be possible to create books in Thailand in a way
that
conforms with Thai copyright law, but is not "lawful under this title".

[ Reply to This | Parent | # ]

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