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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

INDUCE to vomit

Senator Orrin Hatch introduced the INDUCE bill earlier this week with broad, vague limits on who could be sued for copyright infringement. No longer limited to just companies producing programs or those hosting programs, this bill intends to criminalize anyone that aids in copyright infringement. The EFF have produced a mock complaint against Apple for the iPod, since it can play illegally obtained mp3s just as easily as legally purchased ones. Ernest Miller has broken down Hatch's entire "for the children" speech that introduced the bill, in excruciating detail. Those who own mp3 players, TiVos, and other sorts of disruptive technologies should watch this one closely, it could get really ugly.
posted by mathowie on Jun 25, 2004 - 37 comments

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