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Old 03-19-2013, 03:29 PM   #28
Jozawun
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Quote:
Originally Posted by taustin View Post
Not . . . really. Aside from SCOTUS not having to make any particular ruling bindind case law, the issue in this case was specifically books printed and sold in a country that is not part of the Berne Convention, and has no first sale doctrine of its own. The issue was whether or not it was legal to import books to sell in violation of another countries laws, specifically when those laws conflict with US law and international treaties the US has signed.

This was really a very limited case, despite the hysteria that was generated over it.
He bought the books in Thailand, which is a party to Berne and has been since 1931.
The case had nothing whatever to do with Berne; it concerned the interpretation of two (apparently) conflicting provisions of the US Copyright Act, one of them a codification of the US's own domestic First Sale Doctrine which, again, is nothing whatever to do with Berne.
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