Re: Re: concern at copyright ruling

It would also mean that publishers could kill off future used book
sales by moving their printing operations overseas, which would cost
American jobs and incur a lot of extra shipping costs. Which is really
kind of ridiculous.

On 3/21/13, Chris <[email protected]> wrote:
>
> I think it is worth noting that the particulars of this case do not
> represent
> the foreign publisher shipping crates of books to a U.S. bookstore. In this
>
> case, individuals bought the books in Thailand, and at that point, exhausted
>
> the publisher's control over distribution. These books were already
> legitimately sold once - the triggering point in the first sale doctrine.
>
> Essentially, Wiley was asking for a block on used books that originated
> outside
> the U.S. To establish that as part of copyright would have meant sweeping
> changes for how books get resold would be read into copyright law, and that
> was
> something the court could not countenance. It would mean that if, as a
> traveller, you visited a foreign country and bought a book, you could not
> pass
> it on to anyone when you returned to the U.S. The difference between that
> and
> what Kirtsaeng was doing is a difference in scale only.
>
> Note that the ruling only says that publisher's will find it "more difficult
> to
> charge different prices for the same book in different geographic markets".
> It
> does not say that it will be impossible, or that it is not allowed. It
> appears
> to me that this control would have to rest within contract law, not within
> copyright law.
>
> ... Chris
>
> (thank you for including the link to the decision - more people should take
> the
> time to read these before commenting)
>
> On Wed, 20 Mar 2013, josephHarris wrote:
>
>> 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. :-)
>
> : chris smith ::::::::::::::::::::::::::::::::::::::::::::::::::
> : nihil tam munitum quod non expugnari pecunia possit - cicero :
>
> [Non-text portions of this message have been removed]
>
>
>
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