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9th Circuit Guts "First Sale" Rights

69 pointsby CoryOndrejkaalmost 15 years ago

6 comments

ck2almost 15 years ago
I bet corporation are going to do what Google has done for them on Youtube - get a cut of every activity.<p>So you'll be allowed to sell your Rolex on ebay, as long as the Rolex company get a percentage of the sale.<p>There are some really crazy rulings coming out of the courts lately.
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code_duckalmost 15 years ago
Hey, I have an idea! Let's completely destroy well established foundations of commerce in favor of convoluted, complex and rather insane 'IP' laws. The BEST would be if you had to pay large corporations a tax on every single commerce related action you could conceivably undertake.
Aarononthewebalmost 15 years ago
The 9th circuit does have a pretty terrible batting average, so I'm confident that this will be overturned.
jacquesmalmost 15 years ago
At some point in the future the legal system will need to be rebooted because of decisions like this.
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tzsalmost 15 years ago
I don't think they are gutting anything. They are simply trying to work around the Supreme Court's botched decision in Quality King.<p>Until I read Quality King, I had no idea that the section 6xx limitations on importing had any connection to the section 1xx exceptions to 17 USC 106. And I doubt that Congress had any idea there was a connection, either.<p>The 9th Circuit is trying to find a way to read section 109 so as to undo Quality King and get back to what Congress intended--unauthorized importation of copyrighted works, other than for personal use, is prohibited.
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sfallalmost 15 years ago
Why are they not suing for breach of contract, which (should / would) contain specifications on selling products regarding the market they would be in
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