Past few years, we have followed the Kirtsaeng case, in which the student was sued by the publisher John Wiley & Sons to buy textbooks cheap (legal) abroad and resell States States. UU. for profit. Wiley said it was a violation of copyright, while the student Kirtsaeng Sudap ruled that the doctrine of first sale applied. First sale gives you the right to sell, for example, a book he bought legally without having to obtain permission from the copyright holder. Under copyright law, it is said that the first sale doctrine applies to any "lawfully made under this title." Wiley argued that the products manufactured abroad are not legally under Since U.S. law made abroad (although obviously wanted the rest copyright

apply once the work came to the United States). We cautiously optimistic after the hearing before the Supreme Court, where judges explored the "parade of horrors" that could happen if Wiley won. And everything that happens in the oral arguments often do not seem to have any relation to the final situation in this case, the Supreme Court ruled in favor of Kirtsaeng, saying that it's silly to interpret the doctrine of the first sale of the Wiley if there is, and there is no evidence that these "geographical restrictions" sense, or that Congress intended such a result.

In our opinion,  109 (a) language, the context and history of the common law "first sale" doctrine altogether in favor of one non-geographical interpretation. They also doubt that Congress intended to create practices of copyright-related damage that threaten ordinary geographical interpretation academic, artistic, commercial and consumer .... We therefore conclude that non-geographic Kirtsaeng reading is the best interpretation of the law.

For technical assistance, the key issue in the dispute was that two different sections of copyright

could

read conflict. Article 109 defines the doctrine of first sale, while Article 602 defines the import works. Kirtsaeng centered at 109, while John Wiley & Sons insisted that 602 is more important. The Supreme Court - by a margin of six to three - side strongly with Kirtsaeng. Most were written by Justice Breyer, which is very good for intellectual property issues, while dissent was conducted by Ginsburg, who is still wrong with copyright issues (Scalia and Kennedy's party Ginsburg). Fortunately, the "good" side won today.

The language of  109 (a) read literally Kirtsaeng promotes non-geographic interpretation, namely that "legally under this title" means "match" or "in accordance with "the law on copyright. The language of  109 (a) says nothing about geography. The word" low "can mean" [i] n accordance with "18. Oxford English Dictionary 950 (2d ed., 1989). See also Black Law Dictionary 1525 (6th ed. 1990) ("under"). And non-geographic interpretation gives each word of the sentence of five words with a different purpose. The first two words of the phrase "lawful", suggests an effort to distinguish copies lawfully made which were not, and the last three words "under this title" sets the standard "legal [ness]." So non-geographical reading is simple, traditional objective promotes copyright (anti-piracy), and word for word a linguistic sense.

geographical interpretation, however, many language difficulties. He gives the word "legally" little or nothing to do linguistic work. (How a book is illegal "under this title"?) Geography Import into an express statutory provision does not say anything about it. And it is much more complex than it seems at first sight.

To read the article
Geographically, Wiley, as the Second Circuit and the Attorney General must first emphasize the word "weak". In fact, Wiley said "under this title" to mean "in accordance with the Act on copyright Copyright Act applies." Brief defendant 15. Wiley, then you must take a second step, arguing that the law "applies" only to the United States. Ibid., and the Attorney General should do the same. explanatory See U.S. 6 ("A copy is" lawful under this title "if the title 17 governs the creation of copy and the copy is made in accordance with the requirements of Title 17. ") See Also publish, 7 (Ginsburg, J., dissenting) (" low "describes something" governed or regulated by another ").

One difficulty is that neither "low" or any other word in the sentence means "where." See, for example, 18 Oxford English Dictionary, supra, 947-952 (definition of "small.") can mean "subject", see post, 6 However, as the Court has repeatedly recognized the meaning of the word escapes uniform and consistent Kucana See Holder v., 558 U.S. 233, 245 (2010) ("low" is chameleon "). Ardestani v INS, 502 U.S. 129, 135 (1991) ("low" a "many dictionary definitions" and must "draw its meaning from its context").



much more serious difficulty arises from the uncertainty and complexity surrounding the trouble to read the second step required the geographical limitation on the word "applicable" (or its equivalent). Where, precisely, is the Intellectual Property Act "s applies? "The law does instantaneously protects the holder of U.S. piracy unauthorized place abroad. But this fact does not mean that the law does not apply to copies made abroad. Ordinarily, English, we can say that a law imposing, for example, a tariff "any rhododendron grows in Nepal" applies to all Nepalese rhododendron. And, similarly, we can say that the Law on the Rights of Copyright applies to all U.S. pirated copies, including printed abroad. Indeed, the Act itself clearly indicates that (in the language of the Attorney General) on the outside printed pirated copies are "subject to" law.



the fault is present historical reasons and logic for the first sale apply. a good read. seems Breyer was based, in part, to the concern of the American Library Association on how a judgment against the first sale could cause serious damage to libraries, you have to somehow find ways to obtain authorization in a book to be printed in the outside the United States. was also cited concerns booksellers and used high-tech industry is the way of any kind of reasonable transactions.
technology companies tell us that "cars, microwaves, calculators, mobile phones, tablets and personal computers' programs contain the copyrighted software or packaging. Many of these items are manufactured abroad with the permission of the copyright owner and then sold the United States and imported (with a permit) in the United States. A geographical interpretation could prevent the resale of, say, a car, without the permission of the owner of copyright in each room of each car copyrighted software. However, there is no reason to believe that foreign automakers regularly obtain such a license its software suppliers of components, and Wiley does not indicate otherwise when asked. Without car owner foreign license can not sell your used car.
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