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5 posts tagged with Law by dejah420.
Displaying 1 through 5 of 5.

The quality of ownership is not what it was in yesteryear.

On October 29, the U.S. Supreme Court will hear oral arguments in Kirtsaeng v. John Wiley & Sons, Inc., a conflict about “first-sale doctrine”. The doctrine, which has been law in the U.S. since 1908, allows people to buy and then subsequently sell items (books, furniture, electronics, dvds, etc.) without needing additional permission from the copyright holder. Supap Kirtsaeng came to the United States from Thailand to study mathematics and attempted to save money by having his family purchase textbooks in Thailand and ship them to him. After reading up on the first-sale doctrine, Kirtsaeng began to sell these textbooks to others on eBay. He made $37,000, before he was sued by John Wiley, a textbook publisher. A jury found his copyright infringement to be willful. He was ordered to pay $75,000 per work for a total penalty of $600,000. He appealed, and lost at the 2nd Circuit.

The Library Journal notes that if the Supreme Court rules against Kirtsaeng, it could mean the end of public libraries. Marketwatch warns that it means the end of resale as we know it. Hollywood Esq. does the most cogent job of putting this IP fight in perspective of other IP fights before the Court.
posted by dejah420 on Oct 9, 2012 - 213 comments

Ever get the feeling that someone is watching you?

We libertarians can be forgiven for suspecting that legal sanctions against vice are not the concern of normal, healthy human beings. They are the concern of busybodies. And busybodies, for the record, are people who spend an inordinate amount of time thinking about what other people do in private. They hatch plans to catch their victims, engage in voyeurism as they peep into windows, and then break into homes and businesses to arrest their prey with the help of professional“busybody enablers”(pdf) called vice cops.
posted by dejah420 on Feb 24, 2004 - 11 comments

Justice, Las Vegas Style

Framed for defending herself. On August 28th, 2002 in Las Vegas, Nevada a woman named Kirstin Lobato was sentenced to life in prison. She was the victim of an attempted rape in May 2001, and had defended herself against her rapist. prosecutors used this "confession" of self defense to convict her of a murder that happened months later and in a town where she didn't even live. How "innocent until proven guilty" can you be if prosecutors are willing to use known perjurers and refuse to allow expert testimony?
posted by dejah420 on Nov 26, 2003 - 17 comments

Comic book retailer sentenced to jail for selling a book to an adult

Comic book retailer sentenced to jail for selling a book to an adult The Comic Book Legal Defense Fund's lawyers are filing an appeal in the highest criminal court in Texas in the obscenity conviction of Jesus Castillo, manager of a Dallas comic book store. Castillo has received six months jail time, a year probation, and a $4000 fine. [more inside]
posted by dejah420 on Aug 21, 2002 - 36 comments

Women who put babies up for adoption required to publish sexual pasts

Women who put babies up for adoption required to publish sexual pasts Web sites can't collect info on minors, but Florida wants all women, including minors, to publish their sexual history in local newspapers before they're allowed to give their child up for adoption. Abortions are difficult to get in Florida, almost impossible for some minors because of parental notification and permission requirements, yet wouldn't this law push more women towards abortion rather than towards adoption?
posted by dejah420 on Aug 7, 2002 - 83 comments

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