copyright concern - linked in is awkward, so here is what I put

I've been told you can't view LinkedIn without joining, I hadn't 
realised - sorry about that. This is the case: Kirtsaeng v. John Wiley & 
Sons, Inc What I have is quite short, so here it is:

I'd been following the reasoning in the majority decision without too 
much problem, but that did not last. 
http://www.supremecourt.gov/opinions/12pdf/11-697_d1o2.pdf

"Third, Wiley and the dissent claim that a nongeograph­ical 
interpretation will make it difficult, perhaps impos­sible, for 
publishers (and other copyright holders) to divide foreign and domestic 
markets. We concede that is so. A publisher may find it more difficult 
to charge different prices for the same book in different geographic 
markets. But we do not see how these facts help Wiley, for we can find 
no basic principle of copyright law that suggests that publishers are 
especially entitled to such rights". [p31 of the majority ruling]

I cannot see why there needs to be explicit consent in the Acts, if 
there is control of copies. If control of copies does not include 
control of price is not control lost, or at least weakened?

I am at least on the same page as Justice Ginsberg

"Cite as: 568 U. S. ____ (2013) 33 GINSBURG, J., dissenting 8–184.34 to 
8–184.35; 2 Goldstein §7.6.1.2(a), at 7:141; 4 Patry §§13:22, 13:44, 
13:44.10. [JUSTICE GINSBURG, with whom JUSTICE KENNEDY joins, and with 
whom JUSTICE SCALIA joins except as to Parts III and V–B–1, dissenting.]
"Rather than adopting the very international-exhaustion rule the United 
States has consistently resisted in international-trade negotiations, I 
would adhere to the national-exhaustion framework set by the Copyright 
Act’s text and history. Under that regime, codified in §602(a)(1), 
Kirtsaeng’s unauthorized importation of the foreign-made textbooks 
involved in this case infringed Wiley’s copyrights. I would therefore 
affirm the Second Circuit’s judgment." [p33 of the Dissent]

I am personally relieved that the point I immediately picked up here is 
both conceded in the majority ruling and underlined by the dissenting 
opinion. :-)

Joseph Harris


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