Oct. 18--If you've ever sold an old iPhone or made money off outgrown
children's clothes, you're not alone. It's legal, and quite common, because
of the first-sale doctrine in copyright law, which gives the copyright
holder control of the first sale only.

But there's concern that a Supreme Court case under consideration later this
month challenges that doctrine. If the court upholds an appellate court
ruling in Kirtsaeng v. John Wiley & Sons Inc., it could end consumers'
ability to sell items made overseas without the original copyright holder's
permission. In the case of the iPhone, that means first asking Apple if you
can sell your old phone. And the company would probably want a cut from the
sale.

What about CNC machinery and tools that come with firmware or software
installed?

http://investing.businessweek.com


Best Regards
Tom.
--
http://fija.org/

On Sat, 27 Oct 2012 20:41:22 -0700, "azotic"
wrote:


Oct. 18--If you've ever sold an old iPhone or made money off outgrown
children's clothes, you're not alone. It's legal, and quite common, because
of the first-sale doctrine in copyright law, which gives the copyright
holder control of the first sale only.

But there's concern that a Supreme Court case under consideration later this
month challenges that doctrine. If the court upholds an appellate court
ruling in Kirtsaeng v. John Wiley & Sons Inc., it could end consumers'
ability to sell items made overseas without the original copyright holder's
permission. In the case of the iPhone, that means first asking Apple if you
can sell your old phone. And the company would probably want a cut from the
sale.

I sure wouldn't want to be a SCOTUS member after they've rescinded our
right to sell anything we've paid for in the past, should they decide
to do so. shudder


What about CNC machinery and tools that come with firmware or software
installed?

http://investing.businessweek.com

Varian Business Systems overview/featured company? Methinks your link
is imprecise. I searched for "resell", "resale", and "supreme court
right to resell" to no avail. Bloomberg site won't allow "first-sale"
search. Uckfay emthay. OK, googlinit:
http://www.wired.com/threatlevel/201...-first-sale-2/

--
No greater wrong can ever be done than to put a good man at the mercy
of a bad, while telling him not to defend himself or his fellows;
in no way can the success of evil be made quicker or surer.
--Theodore Roosevelt

"Larry Jaques" wrote in message
...
On Sat, 27 Oct 2012 20:41:22 -0700, "azotic"
wrote:


Oct. 18--If you've ever sold an old iPhone or made money off outgrown
children's clothes, you're not alone. It's legal, and quite common,
because
of the first-sale doctrine in copyright law, which gives the copyright
holder control of the first sale only.

But there's concern that a Supreme Court case under consideration later
this
month challenges that doctrine. If the court upholds an appellate court
ruling in Kirtsaeng v. John Wiley & Sons Inc., it could end consumers'
ability to sell items made overseas without the original copyright
holder's
permission. In the case of the iPhone, that means first asking Apple if
you
can sell your old phone. And the company would probably want a cut from
the
sale.

I sure wouldn't want to be a SCOTUS member after they've rescinded our
right to sell anything we've paid for in the past, should they decide
to do so. shudder


What about CNC machinery and tools that come with firmware or software
installed?

http://investing.businessweek.com

Varian Business Systems overview/featured company? Methinks your link
is imprecise. I searched for "resell", "resale", and "supreme court
right to resell" to no avail. Bloomberg site won't allow "first-sale"
search. Uckfay emthay. OK, googlinit:
http://www.wired.com/threatlevel/201...-first-sale-2/

--
No greater wrong can ever be done than to put a good man at the mercy
of a bad, while telling him not to defend himself or his fellows;
in no way can the success of evil be made quicker or surer.
--Theodore Roosevelt

The link was funky, but I searched a bit farther and found this.
http://www.slate.com/blogs/future_te...right_law.html

Basically, a guy was importing textbooks from Thailand where they are
cheaper and selling them in NY.
Publisher cries infringement, guy says first sale.

I think this is a tempest in a teapot though.
First sale is not a right of the public, it is a limitation on copyrights.
it says than anything lawfully made under US Copyright law may be resold by
the buyer. The theory being that the copyright holder gave up his rights at
the time of sale.

The blogs are crying that this could mean that anything of foreign
manufacture may not have the first sale applied to it.

But another law says that nothing may be imported without the CR holders
consent.

The answer seems fairly simple. The infringement was not the selling, the
infringement occurred when they were imported.

I am surprised that this has gone this far.

Paul K. Dickman