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View Diary: Supreme Court's ruling on copyright (24 comments)

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  •  not true at all (0+ / 0-)

    fair use is codified by statute, the question is whether that trumps a statute saying no importation of copyrighted works without the holder's consent.  there's no equivalent w/r/t sales in the U.S., in fact, the opposite.

    Difficult, difficult, lemon difficult.

    by Loge on Tue Mar 19, 2013 at 10:23:54 AM PDT

    [ Parent ]

    •  If i buy something (5+ / 0-)

      I should own it and be able to do what I want with it, including sell it.


      •  That is the law, yes. (1+ / 0-)
        Recommended by:

        If, however, you live in Thailand, and buy something, whether or not you can sell it to someone in the U.S. depends on the application of a statute that the lower court interpreted to mean you can't.  That statute would have no bearing on first sale issues within the United States, by its own terms.  It also doesn't apply to sales of lawfully acquired works outside the U.S., as of this morning, but that's not an obvious question.  (Unlawfully copied works can still, presumably be excluded from importation.)

        Whether that should be the law is a separate question.  Basically, Thai students will probably start paying more for textbooks to reduce arbitrage incentives.  Whether it's "fair' is absolutely irrelevant to the Court's decision.  The only question was who was Congress trying to protect by drafting the statutes the way they did and how to make the best use of that.  Unless the ban on reimportation was unconstitutional (which it's not), the Court is not supposed to second guess policy judgments.  
        I wonder if the Court kicked a hornet's nest -- puts the first sale statute right in the cross-hairs.  What should or should not be the case is secondary to how different parts of a statute actually fit together.  The dissent's view makes more sense, from a legal matter, and I don't think the costs or benefits matter all that much, since prices will just adjust.

        To the extent it matters, I'd favor a copyright regime with shorter durations but stronger protections than we have now, and an opt-in system (registration, formalities) rather than opt-out (commons licenses).  These were not the questions before the Court.

        Difficult, difficult, lemon difficult.

        by Loge on Tue Mar 19, 2013 at 11:07:03 AM PDT

        [ Parent ]

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