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#1 |
The Grand Mouse 高貴的老鼠
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US Supreme Court Upholds Right to Resell
![]() I'm very pleased to say that they have "ruled that you do have the legal right to resell legally purchased content that was produced outside the US." (A 6:3 verdict.) This is a very important decision that will affect our US members, and may well affect non-US members if the ruling is taken into account in deciding similar questions in other jurisdictions. You can read the full ruling here, or read about it at The Digital Reader here. Last edited by pdurrant; 03-19-2013 at 12:28 PM. |
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#2 |
eBook Enthusiast
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VERY bad ideal to legalise the "grey imports" business, IMHO. Market conditions are different in different parts of the world, and it's very common for publishers to produce low-cost editions for developing markets such as India and Thailand. The only effect of this decision will be to stop the publication of such editions.
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#3 |
The Grand Mouse 高貴的老鼠
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I think it was a very bad idea ever to ban "grey imports". I regret that it's still the case in the EU.
And if this ruling had gone the other way, far more than grey imports would have been banned. Any item containing any copyright material that was manufactured outside the US would have become illegal to resell in the US. Even if bought there. A publisher would have been able to print books in China for sale in the US market, and then forbidden the resale of those books. |
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#4 |
Wizard
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All this means, is that in the future, the publishers will have to do the grunt work of actually customizing the books sent to foreign markets (change the exercises, &c.).
Protecting the first sale doctrine and cutting off the criminalization of individuals selling their property is far more important. |
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#5 |
monkey on the fringe
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#6 | |
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#7 |
Philosopher
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They may have to tighten up grey imports, but banning resale would have been far worse. It seems that there are two issues in play here, importing and resale, and the court dealt with the latter.
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#8 | |
monkey on the fringe
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#9 |
Avid Reader
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Of course you can resell an item that you own, how was this even a topic for discussion? This went all the way to the supreme court? Wow, just wow...
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#10 | ||
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#11 |
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This was about importing textbooks from Thailand (where they're very much cheaper) and reselling them in the US. Such "grey imports" are illegal in the EU, for example, and there are very good reasons for that.
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#12 | |
Wizard
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This was really a very limited case, despite the hysteria that was generated over it. |
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#13 | |
Wizard
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#14 |
Wizard
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The books were bought in a country that hasn't signed the Berne Convention, and doesn't have a first sale doctrine, IIRC. And were therefore exported illegally from that country. It's the sort of thing that ends up in court on a regular basis, and sometimes the rights holder wins. The real solution here is to stop future imports of grey market books when they're being exported illegall from the country of origin, and I suspect that's already in place in this case (and not, legaly speaking, all that controversial).
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#15 | |
occasional author
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And so here we are. I like this decision, and of course the market will adapt. Babies will be born. Old and careless folks will die, and taxes will rise. Nothing new under the sun. |
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Thread | Thread Starter | Forum | Replies | Last Post |
U.S. Supreme Court may revoke the right to resell | Daithi | News | 186 | 03-19-2013 12:20 PM |
US Supreme Court mentions Kindle | Madam Broshkina | Amazon Kindle | 9 | 03-26-2009 10:30 AM |
Supreme Court Rules Against Grokster | Bob Russell | Lounge | 2 | 06-28-2005 01:16 AM |