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| Authored by: Anonymous on Tuesday, March 19 2013 @ 08:02 PM EDT |
Misses the point entirely.
Nobody argued that they couldn't charge what they wanted in the market. Its
what happens afterward that is at issue. Wiley in essence wanted to be able to
control the physical object. If it still in the original market location, then
they didn't care. Its only when the object was moved to a location in a higher
priced market that they protested.
That movement of an object is not a right that is covered by copyright
apparently never occurred to the lower court. [ Reply to This | Parent | # ]
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- Which.. - Authored by: stegu on Wednesday, March 20 2013 @ 05:44 AM EDT
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| Authored by: Christian on Tuesday, March 19 2013 @ 09:09 PM EDT |
Section 602(a)(1)
Importation.—Importation into the United States,
without the authority of the owner of copyright under this title, of copies or
phonorecords of a work that have been acquired outside the United States is an
infringement of the exclusive right to distribute copies or phonorecords under
section 106, actionable under section 501.
It is clear as day that
the law says the copyright owner can control importation of their work.
This
SCOTUS decision says that section 602(a)(1) of copyright law doesn't really mean
what it says because the section on first sale supercedes it. If you think that
the section on first sale is the only part of copyright law that exists, then it
is hard to see why this was a complicated case. If you look at the rest of the
law and consider that the people who wrote it meant for the different parts to
work together, then it becomes less clear what the correct outcome
is.
Personally, I like the results of applying first sale doctrine, so I like
the ruling. On the other hand, I think it means books and movies will soon only
be available under heavy DRM so almost all our rights will vanish anyway. [ Reply to This | Parent | # ]
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| Authored by: Steve Martin on Wednesday, March 20 2013 @ 06:54 AM EDT |
And Ginsburg agreed with them. As I
read his
dissent
If by "his dissent" you're referring to
Justice Ginsburg's
dissent, I'd point out that Justice Ginsburg is
female.
---
"When I say something, I put my name next to it." --
Isaac Jaffe, "Sports Night" [ Reply to This | Parent | # ]
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