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Posts tagged resale

House first sale doctrine hearing: My points of view
June 4, 2014 | 2:49 pm

Well, that was quite a few articles. I hope you at least read my summaries, and they didn’t put you to sleep. I was impressed by the breadth of viewpoints represented in that sample of testimony. We heard from a major publisher, a company and an interest group lobbying for digital resale, a graphic artist, a media executive, a major library, and more. They all had their own unique viewpoints, and reading all of them really gave me a new appreciation for how complicated first sale is—not just the proposed digital type, but the ordinary physical media type we all...

House first sale doctrine hearing written testimony: Public Knowledge, John Villasenor, The Software Alliance (BSA)
June 4, 2014 | 7:31 am

Previously in this series: House first sale doctrine hearing written testimony: John Wiley & Sons, ReDigi House first sale doctrine hearing written testimony: Graphic Artists Guild, Owners’ Rights Initiative House first sale doctrine hearing written testimony: Matthew B. Glotzer, New York Public Library Here’s the last batch (so far) of documents from the first sale House subcommittee hearing. If any additional material becomes available, I’ll pick that up down the line. Public Knowledge The first document for this entry comes from Sherwin Siy,...

House first sale doctrine hearing written testimony: Matthew B. Glotzer, New York Public Library
June 3, 2014 | 12:14 pm

Previously in this series: House first sale doctrine hearing written testimony: John Wiley & Sons, ReDigi House first sale doctrine hearing written testimony: Graphic Artists Guild, Owners’ Rights Initiative This post continues a theme from the last couple, in which one side’s statement is for preserving/extending first sale, and the other is against it. Which is kind of stretching a point, given that the “pro” post really isn’t about digital resale and the con post isn’t against physical resale, but still, I take what I can get. This time...

House first sale doctrine hearing written testimony: Graphic Artists Guild, Owners’ Rights Initiative
June 3, 2014 | 5:04 am

oriPreviously in this series: House first sale doctrine hearing written testimony: John Wiley & Sons, ReDigi Here are two more documents from yesterday’s first sale hearing. Like yesterday’s pair, they’re a half-and-half split: one in favor of expanding first sale, the other concerned over what the implications might be. We begin with the concerned one. Graphic Artists Guild Writing on behalf of the Graphic Artists Guild, Ed Shems explains graphic artist concerns over the possible expansion of fair use in a 5-page PDF. Graphic artists, Shems explains, frequently license their work rather than selling it outright. This allows them to tailor their fees...

House first sale doctrine hearing written testimony: John Wiley & Sons, ReDigi
June 2, 2014 | 4:54 pm

We’ve covered the history of efforts to implement resale of digital goods before (more than once, in fact), and there’s been quite a discussion of why it would be a bad idea. Now it’s Congress’s turn to talk about it. Today a House subcommittee held a hearing concerning first sale and how it related to digital items. InfoDocket has links to the prepared remarks of a number of the attendees, as well as the opening statement by Representative Bob Goodlatte. Noting the importance of the first sale doctrine, Goodlatte said Although some legal doctrines...

ReDigi awarded patent on digital resale ‘without making a copy’
January 29, 2014 | 7:00 am

Yesterday I received a press release from ReDigi, the company trying to allow (and monetize) the resale of “used” digital goods such as music or e-books, with an embargo time of, well, right now. The release claims the award of a patent on the technology ReDigi wants to use to enable the resale of digital media. It says the patent covers the transfer of digital media files without making a copy. ReDigi has been in the news a great deal in the last couple of years. The RIAA complained, and record label EMI sued, over ReDigi’s plan to allow...

German advocacy group sues for consumers’ right to resell Steam games
July 20, 2013 | 10:50 am

Here’s yet another attempt to retrofit first sale rights onto digital media. I’m not sure what the German term for “first sale” is, but Cinema Blend reports that the German organization VZBV has been working hard in the German courts to force Valve to support it for the computer games it sells via Steam, allowing resale or trading of previously purchased digital titles. The VZBV (Verbraucherzentrale Bundesverband e.V., or Federation of German Consumer Organizations) is a non-governmental body that acts as an umbrella organization for 41 German consumer advocacy groups. It filed a cease-and-desist against Valve’s subscriber agreement last...

Supreme Court rules importation of textbooks legal under First Sale doctrine
March 19, 2013 | 7:35 pm

Remember the Supreme Court case about the Thai exchange student who bulk imported cheap overseas copies of textbooks and resold them in the U.S. (making over $1 million in sales) to finance his doctorate? The judges handed down a decision today. By a six to three majority, they found that the student’s importation and resale was legal under the Fair Use Doctrine. Just because the books were printed overseas did not exempt them from the right of First Sale, which means that people who buy them can resell them as they please. Ars Technica has more details on the decision. Essentially,...

Library advocates, used merchandise vendors lobby for digital ownership rights
November 13, 2012 | 8:54 pm

In his Copyright and Technology Blog, Bill Rosenblatt has an interesting column looking at the Owners’ Rights Initiative, a lobbying coalition of interested parties who have united under the slogan “you bought it, you own it,” seeking to promote the right to resell digital property. The group includes used book vendors such as Powell’s, movie rental firm Redbox, and used merchandise outlets like eBay, Overstock, and others. But it also includes a number of public library advocacy organizations, because if you “own” something like an e-book, you also have the right to lend it. The group seems particularly interested in Kirtsaeng...

Supreme Court First Sale Doctrine case could give boost to resale-proof digital media sales
October 30, 2012 | 12:00 pm

Ars Technica has a couple of great, in-depth pieces laying out in detail the facts of the matter surrounding the upcoming Supreme Court case concerning a Thai exchange student who imported and resold cheap foreign editions of English-language textbooks to finance his doctorate. Publishers contend he earned $1.2 million in revenues, and essentially set himself up as an unlicensed importer/distributor, damaging the publishers’ market for the books within the United States. The publisher plaintiff is John Wiley & Sons, which has also garnered attention for its recent lawsuits against unauthorized BitTorrent distributors of its books. The article discusses the Costco vs. Omega case, which I covered...

European court rules used software sales legal—even for downloaded titles
July 3, 2012 | 7:20 pm

Here’s an interesting software ruling out of European courts that might have implications for digital music and e-book resale. The Wall Street Journal reports that Oracle sued a German software company, UsedSoft, that buys up and resells used software licenses from American companies. In that case, the European Court of Justice has decided in favor of UsedSoft, stating that "The exclusive right of distribution of a copy of a computer program covered by such a [used] license is exhausted on its first sale.” Thus, it’s perfectly all right, at least in Europe, to sell your licensed software, regardless...

Used games killing game industry, game developer claims; what about used books?
March 28, 2012 | 11:39 pm

Here’s another story of a developer railing against used video games. Although it may not seem to have relevance to e-books at first, I think this story demonstrates the way the gaming industry and the publishing industry are struggling with some similar issues in the digital age. In an interview with GamesIndustry International, Silicon Knights head Denis Dyack states that used games are clobbering the game industry, cutting off the “tail” of sales that used to support game studios well after games’ original release. Without that “tail”, Dyack says, game companies can expect to receive almost all their sales...