Quote:
Originally Posted by Elfwreck
"Distribution" of copyrighted works is covered under copyright law. Normally, the first sale doctrine exhausts the copyright owner's rights, and the buyer can distribute/lend/resell at will--but a recent case before the US Supreme Court is challenging that right.
The 9th Circuit ruled that the first-sale doctrine applied only to items legally made in the United States. Which means that books published in other countries may not be legal to lend or resell, even if purchased legally in their country of origin. |
Costco lost that case. Omega Watches won.
The Supreme Court in a 4-4 ruling upheld the 9th Circuit Court decision which is only binding in Western US.
It is now theoretically illegal to purchase a DVD, book, software, or CD from China or Taiwan and resell it in the area covered by the 9th Circuit. If, the item was not produced there by the copyright holder with the intention to be sold in the US.
Interestingly, it wasn't the Omega watch that was the problem but the design on the back that was copyrighted.