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Posts tagged SCOTUS

What does the SCOTUS’ Wiley v. Kirtsaeng decision mean for books, publishing?
March 21, 2013 | 12:55 pm

WileyBy now you've likely heard that the Supreme Court has ruled, in a 6-3 decision, in favor of immigrant scientist Supap Kirtsaeng in Kirtsaeng V. Wiley. In what's being heralded as a win for consumers and libraries, and a loss for publishers, the SCOTUS overturned a previous ruling against Kirtsaeng, who had been buying textbooks printed (legally) abroad—where they cost significantly less than they do in, say, the United States—and then reselling them in the U.S. on eBay and turning a handsome profit in the process. In a statement yesterday, Wiley's President & CEO Stephen M. Smith wrote: "We are disappointed that the U.S. Supreme Court has decided...

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,...

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...

Internet media has its ‘Dewey defeats Truman’ moment
June 30, 2012 | 10:15 pm

dewey-defeats-trumanWe’ve probably all seen that famous photo of the victorious President Harry S Truman triumphantly holding up a copy of the Chicago Tribune that called the election results for the other side. For decades it has been the exemplar of the hazards of jumping to conclusions, as well as the problems of gathering facts quickly when the speed of communication is limited, But could such a thing happen in the high-speed Internet age? It seems the answer is yes. The Dewey vs. Truman incident happened because at the time the Tribune had to go to press several hours earlier...

Supreme Court hears important public domain case: Can Congress remove works from the public domain?
October 5, 2011 | 11:36 pm

More news out of the Supreme Court: today it considered a case in which copyright reformers want to remove thousands of works by foreign authors from the public domain in order to “harmonize” US copyright law with international copyright standards. Ars Technica claims the case rose from the ashes of Eldred v. Ashcroft, in which the court ruled that Congress was entitled to extend copyright because "when, as in this case, Congress has not altered the traditional contours of copyright protection, further First Amendment scrutiny is unnecessary." So copyright reformers looked for cases where Congress had changed those contours...