[At-Large] Perpetual Copyright on 'Foreign' Goods!

James S. Tyre jstyre at jstyre.com
Tue Oct 30 18:42:46 UTC 2012


> Without reacting in detail, I don't see how the publisher can win. How can you violate
> COPYright when the alleged act in question provably doesn't involve copying?

Somewhat simplifying, but:

The rights of a copyright holder are not just limited to the right to make copies.  The
right to distribute is one of the other rights.  17 USC 106(3).

"Subject to sections 107 through 122, the owner of copyright under this title has the
exclusive rights to do and to authorize any of the following:
...
to distribute copies or phonorecords of the copyrighted work to the public by sale or
other transfer of ownership, or by rental, lease, or lending"

That right generally is limited by the first sale doctrine, 17 USC 109(a): "
Notwithstanding the provisions of section 106(3), the owner of a particular copy or
phonorecord lawfully made under this title, or any person authorized by such owner, is
entitled, without the authority of the copyright owner, to sell or otherwise dispose of
the possession of that copy or phonorecord."

But 17 USC 602(a)(1) puts a specific limitation on the first sale doctrine:
"Importation.-Importation into the United States, without the authority of the owner of
copyright under this title, of copies or phonorecords of a work that have been acquired
outside the United States is an infringement of the exclusive right to distribute copies
or phonorecords under section 106, actionable under section 501."

So does the importation limitation trump the first sale doctrine?  That's what the case is
about, and how it involves copyright law without there being any issues of unlawful
copying.

--
James S. Tyre
Law Offices of James S. Tyre
10736 Jefferson Blvd., #512
Culver City, CA 90230-4969
310-839-4114/310-839-4602(fax)
jstyre at jstyre.com
Policy Fellow, Electronic Frontier Foundation
https://www.eff.org


> -----Original Message-----
> From: at-large-bounces at atlarge-lists.icann.org [mailto:at-large-bounces at atlarge-
> lists.icann.org] On Behalf Of Evan Leibovitch
> Sent: Tuesday, October 30, 2012 11:02 AM
> To: At-Large Worldwide
> Subject: Re: [At-Large] Perpetual Copyright on 'Foreign' Goods!
> 
> On 30 October 2012 13:18, John R. Levine <johnl at iecc.com> wrote:
> 
> > > IMO, this is a very important case being argued in the U.S. Supreme
> > Court.
> >
> > I suppose, but what possible connection does it have to domain names
> > or IP addresses?
> >
> 
> Just another example of over-reaching apparent self-entitlement of rights holders, I
> guess.
> 
> Without reacting in detail, I don't see how the publisher can win. How can you violate
> COPYright when the alleged act in question provably doesn't involve copying?
> 
> - Evan
> 
> 
> 
> 
> 
> >
> > Regards,
> > John Levine, johnl at iecc.com, Primary Perpetrator of "The Internet for
> > Dummies", Please consider the environment before reading this e-mail.
> > http://jl.ly _______________________________________________
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> >
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> >
> 
> 
> 
> --
> Evan Leibovitch
> Toronto Canada
> 
> Em: evan at telly dot org
> Sk: evanleibovitch
> Tw: el56
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