Forum - View topicNEWS: U.S. Supreme Court Upholds 1st-Sale Doctrine on Imports
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RoverTX
 Posts: 424 |
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Anyone know the break down of the decision?
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Cecilthedarkknight_234
 Posts: 3820 Location: Louisville, KY |
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hmm this is a bit of good news
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DrizzlingEnthalpy
 Posts: 255 |
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I'm very glad for this ruling. Hooray for imported goods at swap meets! ...And this guy made how much? Why isn't everyone doing this? Last edited by DrizzlingEnthalpy on Tue Mar 19, 2013 11:29 pm; edited 1 time in total |
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ColonelYao47
Posts: 274 |
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As someone who frequents the local Book-Off and keeps an eye on import figures, I'm quite relieved by this decision.
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Kougeru
 Posts: 5577 |
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the way i see it, if they don't want to sell it overseas then I don't see the harm in someone else spending the cash to import it then sell it themselves
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configspace
Posts: 3717 |
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This is great news.
Make logical sense, since the doctrine actually applies to the originator (or any seller). If he isn't renting or leasing books or whatever property out, then he losts his right to control the item after he sold it, whether locally or abroad. |
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joshjoshlol
Posts: 94 |
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That's not quite the heart of the matter. It more has to do with reverse importation: A company will offer an identical product in 2 different locations, and price them differently in such a way as to be locally competitive. If X-Book is $85USD in the US because the consumer can afford such a price, the same book might be $25USD in Croatia to meet industry standard pricing for that locality. A savvy business person could then buy X-Book in Croatia in bulk at $25USD, and ship it back in bulk to the US, and then price the new book at a competitive $65 brand new versus the standard $85. They would then have the lowest price and still gain massive profit. Companies didn't like this because it under valued their product and created strain with their distributors. They argued that price selection in a locality fell under the concept of copyright just as much as the product itself, and this view had held water in high courts for a very, very long time. This SCOTUS decision completely wiped that out. |
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Gilles Poitras
Posts: 478 Location: Oakland California |
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I've already heard of cases, with textbooks, where the content of the overseas edition is no longer the same as the US edition. A bigger problem is people ordering directly from overseas. A faculty member at the university I work at explained it as students buying the international edition from 3rd party sellers via Amazon. I have not verified Amazon's role in this but I don't think they vent the dealers who sell through them. |
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Daimao Raki
 Posts: 593 Location: Dark Side of the Moon |
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The rulings of the Roberts Court vary. I'm shocked they ruled in favor of the little guy this time.
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Polycell
 Posts: 4623 |
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The first sale doctrine is probably the most important safeguard there is in copyright law - refusing to gut it is less about "the little guy" so much as realizing the massive amount of fallout that would result from gutting it.
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Penfold1999
 Posts: 18 Location: New York |
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Justice Breyer wrote the decision and Justices Thomas, Sotomayor, Kagan, Roberts and Alito were the majority. The dissenting justices were Justices Scalia, Kennedy and Ginsburg, an unusual mix. I have not read the decision so I don't I know who simply joined in decision or concurred in the result but for different reasons. |
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mckg1
 Posts: 287 Location: From Puerto Rico living in Japan |
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wow, that is alot of money for just making "ends meat" lol
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Spotlesseden
Posts: 3514 Location: earth |
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great news for me. I was doing the samething too couple year's back too for books and American dvds.
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Polycell
Posts: 4623 |
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CareyGrant
Posts: 453 |
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Why hasn't anyone taken the 1st-Sale doctrine to the used video games argument?
If he's an international student studying at an American university, public or private, they (the student) pay through the nose for tuition. As an undergrad I had a work study job in admissions at my university. Not only did international students (we had a TON from Asia and the Middle East, especially the Middle East) have to put up a HUGE bond just to attend (tens of thousands of dollars, which they forfeited for any number of reasons--not that they cared, these kids came from outrageous wealth/privilege, usually didn't give a fig about school, and usually paid someone to do their work for them), but they aslo paid a LOT more in tuition than a US resident. A lot (undergrad tuition at my Alma Mater back then was roughly 20k/yr., they paid, in some cases, more than twice that). |
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