[SGVLUG] Wiley v. Kirtsaeng - it's a big issue

[matti]

I've asked myself WHY has this case even gone to court,..


How a Supreme Court ruling may stop you from reselling just about anything
Wiley v. Kirtsaeng may be the IP case of the decade—affecting all from eBay to libraries.

Here's a quick summary via cut-n-paste


""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."
[..]

"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."
[..]

Years passed, and copyright owners found a wrinkle in that ruling. The shampoo bottles in Quality King had been made in the US but then shipped abroad, and re-imported. In cases where goods were actually produced abroad—as foreign textbooks generally were—copyright owners argued unauthorized importers were guilty of infringement. Because imported foreign textbooks were not "made legally under this title [the Copyright Act]," they weren't subject to first sale at all. Or so the thinking went.
[..]


http://arstechnica.com/tech-policy/2012/10/a-supreme-court-clash-could-change-what-ownership-means/