Another Kirtsaeng Question: Why Have the Distribution Right?November 8, 2012 First Sale , Kirtsaeng
In the wake of the Kirtsaeng oral argument, I wanted to look at a strange thing about how the first sale doctrine works in our copyright laws. The first sale doctrine makes it legal for you to sell, lend, or give away copies of copyrighted works that you own.Read More
What the Election Means for the InternetNovember 7, 2012 Kirtsaeng , Network Neutrality , Open Internet , Orphan Works , SOPA
After nearly two years of debates, never-ending commercials, donation solicitations and ever-present polling, Election Day is over and the results are in. As many had predicted, the balance of government has not changed significantly. Democrats will retain the Presidency and control of the Senate, and Republicans will continue to control the House, albeit by a slightly smaller margin than before.Read More
There were three separate theories of section 109’s interpretation in the Court today: Kirtsaeng’s, made by Josh Rosenkranz; Wiley’s, made by Ted Olson, and the U.S. Government’s made by Deputy Solicitor General Malcolm Stewart. Kirtsaeng’s position is that “lawfully made under this title” means “made lawfully,” and that to judge what “lawfully” means, we look to the standards of title 17.Read More
Today, the Supreme Court will be hearing arguments in Kirtsaeng v. John Wiley & Sons, Inc., a case that could decide whether or not you fully own your own books, CDs, DVDs, and all your other things that contain copyrighted works—particularly if they were made outside the US.
Recordings of the oral arguments should be posted later in the week. In the meantime, if you’re looking for some background on the case, see Jodie’s post here, or read on below.Read More
Public Knowledge Urges Supreme Court to Preserve First SaleJuly 9, 2012 First Sale , Kirtsaeng
Today, Public Knowledge filed a public interest amicus brief in the Supreme Court case of Kirtsaeng v. Wiley & Sons, Inc., a dispute that has the potential to drastically alter users’ property rights in their own copies of books, movies, music, software—in fact, any copyrighted material. The case began with a Thai student studying in the United States who realized that international editions of textbooks cost significantly less than the U.S. editions. He then imported international editions and resold them. Wiley & Sons sued under the theory that these sales violated their exclusive distribution rights.