supreme Court ruling may stop you from reselling things

[HeartofShadows]

[undefined=undefined]On Monday, the US Supreme Court will hear arguments in a case that pits a major textbook publisher against Supap Kirtsaeng, a student-entrepreneur who built a small business importing and selling textbooks.

“This case is an attempt by some brands and manufacturers to manipulate copyright law.”

Like many Supreme Court cases, though, there’s more than meets the eye. It’s not merely a question of whether the Thai-born Kirtsaeng will have to cough up his profits as a copyright infringer; the case is a long-awaited rematch between content companies seeking to knock out the “first sale” doctrine on goods made abroad (not to mention their many opponents). That makes Wiley v. Kirtsaeng the highest-stakes intellectual property case of the year, if not the decade. It’s not an exaggeration to say the outcome could affect the very notion of property ownership in the United States. Since most consumer electronics are manufactured outside the US and include copyrighted software in it, a loss for Kirtsaeng would mean copyright owners could tax, or even shut down, resales of everything from books to DVDs to cellphones.

“First sale” is the rule that allows owners to resell, lend out, or give away copyrighted goods without interference. Along with fair use, it’s the most important limitation on copyright. So Kirtsaeng’s cause has drawn a wide array of allies to his side. These include the biggest online marketplaces like eBay, brick-and-mortar music and game retailers, and Goodwill—all concerned they may lose their right to freely sell used goods. Even libraries are concerned their right to lend out books bought abroad could be inhibited.

John Wiley and Sons, the textbook publisher suing Kirtsaeng, has its share of backers as well, including the movie and music industries, software companies, and other book publishers. Those companies argue differential pricing schemes are vital to their success, and should be enforced by US courts. Nearly 30 amicus briefs have been filed in all.

Supporters of Kirtsaeng are mobilized, following an alarming—but not precedential—loss in an earlier case, Omega v. Costco. On a call with reporters this week, librarians and lawyers for pro-Kirtsaeng companies painted a stark picture of what might happen should he lose the case. If the appellate court ruling against Kirtsaeng is allowed to stand, they suggest copyright owners could start to chip away at the basic idea of “you bought it, you own it.”

“This case is an attempt by some brands and manufacturers to manipulate copyright law, to control the distribution and pricing of legitimate, authentic goods,” said eBay’s top policy lawyer, Hillary Brill. “When an American purchases an authentic item, he shouldn’t have to ask permission from the manufacturer to do with it what he wants.”

Without “first sale” doctrine in place, content companies would be allowed to control use of their goods forever. They could withhold permission for resale and possibly even library lending—or they could allow it, but only for an extra fee. It would have the wild effect of actually encouraging copyrighted goods to be manufactured offshore, since that would lead to much further-reaching powers.

“When we purchase something, we assume it’s ours,” said Overstock.com general counsel Mark Griffin. “What is proposed by [the content companies] is that we change the fundamental notion of ownership rights.”

Book publishers and their content-industry allies say those concerns are overblown. No assault on libraries and garage sales is forthcoming, they argue. These organizations simply have a right to set different prices abroad, without being undermined in the US by importation they say is illegal.
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http://www.thegatewaypundit.com/2012/10/...officials/

[SoulRiser]

I hate these bastards that want to control stuff they've already sold to someone. It's not theirs anymore...

[Thought Criminal]

Book publishers can suck my fucking ballsack. I had to dish out over $600 dollars just this semester for their fucking books. I would have bought used but all the used books had been snatched up. If anything someone should be suing them and taking AWAY their right to price their books differently in separate countries. My $200 math book that didn't even come bound together (The shrink wrapped loose leaf papers and I had to buy a binder to put them in) can be picked up for $70 brand new overseas. What the fuck gives them the right to do that??
OH DEAR GOD!! Someone is reselling their books to poor college students. We need to stop those assholes. They're cutting into our fat ass bottom line for like $10,000.
Bite me.

[HeartofShadows]

Free market bitches.
Oh my bad free market is only when it supports the rich fags.

[Ky]

Typical government intervention.

[Sunbourn]

Actually, this makes me want to boycott this textbook company when I start college so that I know my money won't be supporting an organization that supports the limitation of freedom. Does anybody know the name of the company responsible for this?

If I need to have one of their textbooks, I will either a) buy it used or c) pirate it.