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 -
Lawmakers blast pledge ruling...
Yes I know this thread was started yesterday but at over 130 posts and given the recent news
from lawmakers stating they would push for a constitutional amendment authorising the words "under God" if the Supreme Court did not smack down the 9th circuit courts decision I felt compelled to post again on this subject. Smack me down if you like...
posted by gloege
on Jun 27, 2002 -
Court agrees to hear appeal over restrictions on Jehovah's Witnesses.
Not sure if this is a repost, but it seems like an interesting discussion topic. The Supremes are "weighing the First Amendment rights of canvassers against the right of homeowners to security, privacy and peacefulness in their homes," says the city of Stratton. But as the Jehovah's Witnesses attorneys ask, "are religious ministers...communicating their religious beliefs from door to door constitutionally equivalent to peddlers of merchandise ...?"
posted by mac
on Oct 15, 2001 -