[fjtorres]

The supreme court was pretty straightforward: the court found that the law, as written, does
not distinguish geographically and that, since a previous version of law did, it was clear Congress had chosen to remove geographic restrictions to the first sales rights of consumers. Thereby they reversed the court of appeals and restored the status quo ante.
No new law was made, either by SCOTUS or the appeals court.
If the publishers feel put upon, they have the constitutional right to petition Congress for euro-style protectionist relief.
Buy enough politicians and they'll be home free.
(Of course, that assumes they buy honest politicians; the kind that stays bought.)