ENTRIES TAGGED "Kirtsaeng"

Content ownership and resale

Amazon's AutoRip service could further complicate matters

Over the past few weeks we’ve seen some landmark decisions on whether you really own that content you bought and if you can resell it. First, in the Kirtsaeng vs. Wiley case we learned that it’s OK to buy low-priced print books from overseas, ship them to the U.S. and resell them for a profit. That’s a victory for the middleman entrepreneur and everyone frustrated with high-priced textbooks. Well, it’s a victory till publishers raise their overseas prices to be more in line with U.S. prices, at which point students in those foreign countries lose.

Next, we have the federal ruling against ReDigi on the digital content resale front. I’m hoping ReDigi appeals but for now this means you can’t sell your iTunes library, for example. That ruling is considered a victory for labels (and publishers as ReDigi is looking to move into used ebook sales) and a loss for consumers.

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Publishing News: The SCOTUS “first sale” ruling spells trouble ahead for publishers

Publishers react to Kirtsaeng ruling, School of Data Journalism returns to festival, and a look at publishers' struggles to remain relevant.

Publishers express disappointment in SCOTUS “first sale” ruling

Headline news this week was the U.S. Supreme Court’s ruling in favor of the student textbook seller in Kirtsaeng v. John Wiley & Sons, Inc., in which the court upheld the “first sale” doctrine in the case of copies of copyrighted material lawfully made outside the U.S. Jeff John Roberts reported the gist of the ruling at PaidContent:

“Writing for the majority, Justice Stephen Breyer rejected John Wiley’s argument that the phrase ‘lawfully made under this act’ implied a geographic limitation. He also cited the concerns of library associations, used-book dealers, technology companies, consumer-goods retailers, and museums — all of which had urged the court to reject the restricted notion of ‘first sale.’”

Andrew Albanese rounded up reactions to the ruling in a post at Publishers Weekly. Wiley president and CEO Stephen M. Smith said, “It is a loss for the U.S. economy, and students and authors in the U.S. and around the world.” Read more…

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SCOTUS “first sale” ruling a big win for everyone but content publishers and software makers

Attorney Dana Newman on the implications of the Supreme Court ruling in Kirtsaeng v. John Wiley & Sons, Inc.

The U.S. Supreme Court ruled in Kirtsaeng dba Bluechristine99 v. John Wiley & Sons, Inc. yesterday, upholding the “first sale” doctrine in the case of copies of copyrighted materials lawfully made outside the United States. O’Reilly GM and publisher Joe Wikert (@jwikert) quoted from the majority decision in a post about his surprise at SCOTUS’ decision:

“Putting section numbers to the side, we ask whether the ‘first sale’ doctrine applies to protect a buyer or other lawful owner of a copy (of a copyrighted work) lawfully manufactured abroad. Can that buyer bring that copy into the United States (and sell it or give it away) without obtaining permission to do so from the copyright owner? Can, for example, someone who purchases, say at a used bookstore, a book printed abroad subsequently resell it without the copyright owner’s permission?

“In our view, the answers to these questions are, yes. We hold that the ‘first sale’ doctrine applies to copies of a copyrighted work lawfully made abroad.

I reached out to transactional and intellectual property attorney Dana Newman (@DanaNewman) to find out what the ruling means in the short term and what broader implications the decision might hold. Read more…

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The Kirtsaeng ruling: What’s your opinion?

This wasn't the outcome I was anticipating

Wow. I’m very surprised by the Supreme Court’s ruling in the Kirtsaeng vs. Wiley case. I figured it would go the other way. Here’s a nice summary of the majority opinion from the Supreme Court (you’ll find more detailed analysis here):

Putting section numbers to the side, we ask whether the “first sale” doctrine applies to protect a buyer or other lawful owner of a copy (of a copyrighted work) lawfully manufactured abroad. Can that buyer bring that copy into the United States (and sell it or give it away) without obtaining permission to do so from the copyright owner? Can, for example, someone who purchases, say at a used bookstore, a book printed abroad subsequently resell it without the copyright owner’s permission?

In our view, the answers to these questions are, yes. We hold that the “first sale” doctrine applies to copies of a copyrighted work lawfully made abroad.

Read more…

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