[OT] Where ill conceived copyright laws can lead

Lynn Fredricks lfredricks at proactive-intl.com
Wed Oct 10 12:26:57 CDT 2012


> I came across this article, and thought to myself that the 
> whole notion about "licensing to use" vs. "buying to own" can 
> go completely sideways if we don't apply some real common 
> sense to the issue. 
> 
> http://dustinstockton.com/2012/10/is-selling-your-stuff-on-eba
> y-craigslist-and-at-yard-sales-about-to-become-illegal/#more-2577

I wouldn't panic yet. This is a far more complex case than it appears and
you have plenty of seasoned lawyers scratching their heads over what exactly
could be decided. Not that it ever happens on the internet (!) but everyone
and their brother is attaching lurid headlines and nutso claims to something
that could end up being nothing.

A Thai student was gray marketing books printed in Thailand back into the
USA for the purposes of selling said books as a business (labelled
specifically not for export and printed to different quality standards than
you find here). A court found that in one case, First Sale Doctrine may not
be applicable to some foreign made goods. THAT original case is worthy of
lurid headlines, but its been blown out of proportion.

It is anyone's guess what might happen next, but at the crux of this case as
I understand it is if something that is manufactured and licensed
specifically under the terms of non-export in another country, those said
goods can be blocked from resale in the USA without the approval of the
copyright holder. The supremes could come back with something broad and
draconian, which in turn could up-end almost every aspect of trade in the
USA. Or nothing could happen. Or whatever. In other words, another day in
SCOTUSville.

Best regards,

Lynn Fredricks
President
Paradigma Software
http://www.paradigmasoft.com

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