Supreme Court sides with student in dispute over textbook sales
WASHINGTON (AP) - The Supreme Court ruled Tuesday that textbooks and other goods made and sold abroad can be re-sold online and in discount stores without violating U.S. copyright law.
In a 6-3 opinion, the court threw out a copyright infringement award to publisher John Wiley & Sons against Thai graduate student Supap Kirtsaeng, who used eBay to resell copies of the publisher's copyrighted books that his relatives first bought abroad at cut-rate prices.
Justice Stephen Breyer said in his opinion for the court that once goods are sold lawfully, whether in the U.S. or elsewhere, publishers and manufacturers lose the protection of U.S. copyright law.
"We hold that the 'first sale' doctrine applies to copies of a copyrighted work lawfully made abroad," Breyer said.
Had the court come out the other way, it would have crimped the sale of many goods sold online and in discount stores, and it would have complicated the tasks of museums and libraries that contain works produced outside the United States, Breyer said. Retailers told the court that more than $2.3 trillion worth of foreign goods were imported in 2011, and that many of these goods were bought after they were first sold abroad, he said.
In a dissent for herself and Justices Anthony Kennedy and Antonin Scalia, Justice Ruth Bader Ginsburg said the court was ignoring Congress' aim of protecting "copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works."
Justice Elena Kagan, joined by Justice Samuel Alito, said in a separate opinion that Congress is free to change the law if it thinks holders of copyrights need more protection. Chief Justice John Roberts and Justices Sonia Sotomayor and Clarence Thomas also were part of the court's majority.
Kirtsaeng sold $900,000 worth of books published abroad by Wiley and others and made about $100,000 in profit. The international editions of the textbooks were essentially the same as the more costly American editions. A jury in New York awarded Wiley $600,000 after deciding Kirtsaeng sold copies of eight Wiley textbooks without permission.
The high court wrestled with what protection the holder of a copyright has after a product made outside the United States is sold for the first time. In this case, the issue was whether U.S. copyright protection applies to items that are made abroad, purchased abroad and then resold in the U.S. without the permission of the manufacturer.
The court already has rejected copyright claims over U.S.-made items that were sold abroad and then brought back to the United States for resale.
The justices heard a similar case in 2010, but Kagan did not take part because she worked on it while serving in the Justice Department. The court divided 4-4 in that case, involving discount seller Costco and Swiss watch maker Omega.
The case handled Tuesday is Kirtsaeng v. John Wiley & Sons, 11-697.
In a 6-3 opinion, the court threw out a copyright infringement award to publisher John Wiley & Sons against Thai graduate student Supap Kirtsaeng, who used eBay to resell copies of the publisher's copyrighted books that his relatives first bought abroad at cut-rate prices.
Justice Stephen Breyer said in his opinion for the court that once goods are sold lawfully, whether in the U.S. or elsewhere, publishers and manufacturers lose the protection of U.S. copyright law.
"We hold that the 'first sale' doctrine applies to copies of a copyrighted work lawfully made abroad," Breyer said.
Had the court come out the other way, it would have crimped the sale of many goods sold online and in discount stores, and it would have complicated the tasks of museums and libraries that contain works produced outside the United States, Breyer said. Retailers told the court that more than $2.3 trillion worth of foreign goods were imported in 2011, and that many of these goods were bought after they were first sold abroad, he said.
In a dissent for herself and Justices Anthony Kennedy and Antonin Scalia, Justice Ruth Bader Ginsburg said the court was ignoring Congress' aim of protecting "copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works."
Justice Elena Kagan, joined by Justice Samuel Alito, said in a separate opinion that Congress is free to change the law if it thinks holders of copyrights need more protection. Chief Justice John Roberts and Justices Sonia Sotomayor and Clarence Thomas also were part of the court's majority.
Kirtsaeng sold $900,000 worth of books published abroad by Wiley and others and made about $100,000 in profit. The international editions of the textbooks were essentially the same as the more costly American editions. A jury in New York awarded Wiley $600,000 after deciding Kirtsaeng sold copies of eight Wiley textbooks without permission.
The high court wrestled with what protection the holder of a copyright has after a product made outside the United States is sold for the first time. In this case, the issue was whether U.S. copyright protection applies to items that are made abroad, purchased abroad and then resold in the U.S. without the permission of the manufacturer.
The court already has rejected copyright claims over U.S.-made items that were sold abroad and then brought back to the United States for resale.
The justices heard a similar case in 2010, but Kagan did not take part because she worked on it while serving in the Justice Department. The court divided 4-4 in that case, involving discount seller Costco and Swiss watch maker Omega.
The case handled Tuesday is Kirtsaeng v. John Wiley & Sons, 11-697.
Great decision. Â When I was in college, the bookstore knowingly sold us books they knew we didn't need and when we tried to return them, we were lucky to get ten cents on the dollar. Â They then resold the books as new. Â The college bookstore had a list of required books put out by the individual professors and in many cases it was ignored. Â Like most everything schools do, the customer is getting ripped off.
This is good news.
Watch the publishers buy a few politicians and change the copyright law so that this won't happen again. That is what the music and movie industry did.
Those that have money and power work to make sure they get as much money from those that don't have money or power. That is the way it has always been and the way it always will be.
And so ends region free disks, or the end of region encoding.Â
This is how film companies have made bug money in the past. Sell films for price $x in the US then 1/2$x abroad thus increasing sales. To get this to work they have been using region encoding. The purpose of such protections what to protect copying in areas where intellectual property is poorly protected, but it's been more frequently used as a tool to price adjust for market.Â
I like the fact SCOTUS ruled in favor of citizens right to own the things they buy.Â
@Repoman for once they did something right. I have admit , I m suprised on thiz one. I wonder if region encoding will come to an end when it comez to gaming consoles and celularn devices because many aw sick nd tired of getting tired of the crap where we as the Us citizen get dumbed down versions of something like. a PS3 that has one of those convereion kits to get digital tv .. and we here in the US don't even have a choice because of "region". and for. the only dual core Galaxy claasn phones have quad core won't be sold here. .if it ca n lead an end to that then it wou ld be a big plus less confusion for cell companies too.
@lee986321 huh?