At issue in Kirtsaeng v. John Wiley & Sons is the first-sale doctrine in copyright law, which allows you to buy and then sell things like electronics, books, artwork and furniture, as well as CDs and DVDs, without getting permission from the copyright holder of those products
Under the doctrine, which the Supreme Court has recognized since 1908, you can resell your stuff without worry because the copyright holder only had control over the first sale.
"Under the doctrine, which the Supreme Court has recognized since 1908, you can resell your stuff without worry because the copyright holder only had control over the first sale. "
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Your are simply buying the right to use the item it will no longer become yours. So if thats the case if it breaks or malfunctions will they replace it indefinately for free for you since you did pay to be able to use it or will they refund your money when it breaks.
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This ordeal is like a fire tempering a sword. It's making chewy even tougher. If he got leprosy and his arm fell off, he'd beat the shit out of a bear, dip his stump in lemon juice and sew it back on with his good hand.
Are the companies that make the item going to give me replacement parts 20 years from now so i can fix that broken hinge. If people are no longer allowed to sell their iphone 3 they will not be upgrading their item anytime soon.
Products are intentionally made to break down or malfunction at 13 months aswell
w3kn, your selective quoting is very confusing lol.
Doesn't exactly explain the case.
The case stems from Supap Kirtsaeng’s college experience. A native of Thailand, Kirtsaeng came to America in 1997 to study at Cornell University. When he discovered that his textbooks, produced by Wiley, were substantially cheaper to buy in Thailand than they were in Ithaca, N.Y., he rallied his Thai relatives to buy the books and ship them to him in the United States.
He then sold them on eBay, making upward of $1.2 million, according to court documents.
Wiley, which admitted that it charged less for books sold abroad than it did in the United States, sued him for copyright infringement. Kirtsaeng countered with the first-sale doctrine.
In August 2011, the U.S. Court of Appeals for the Second Circuit upheld a lower court’s ruling that anything that was manufactured overseas is not subject to the first-sale principle. Only American-made products or “copies manufactured domestically” were.
“That’s a non-free-market capitalistic idea for something that’s pretty fundamental to our modern economy,” Ammori commented.
The Supreme Court is scheduled to hear oral arguments on the case on Oct. 29.
Maybe this will be a blessing in disguise. All manufacturing and its jobs could move to america and everyone wins.
or we end up not able to afford much and lose.
Why is it the same textbook sold overseas is so much cheaper anyway? What difference is there to be exact? Besides the fact textbook publishers can gouge the US Academic Market?
Last edited by Kolto; 10-09-2012 at 08:09 AM..
Reason: Automerged Doublepost
Actually bothering to read the article helps before making a thread does help. The person who posted the thread that you linked was clearly wrong aswell. The guy in Thailand sold books that clearly said they were not to be distributed and sold in the US therefore violating copywrite laws. Wiley won because he illegally imported them and distributed them for sale without permission in the US. It would be the same thing if i went over to China and had someone ship me rice that hadnt gone through customs and been allowed by the FDA permission to enter the country. $1.2 Million is more than his personal item he was trying to resell.
The same thing as those people selling knock off coach purses in Chinatown and dvds made in hongkong.
Last edited by Scampsters; 10-09-2012 at 08:24 AM..
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