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

[Vanda UOL]

As I know ( I have been president of Brazilian Patent Office and responsible
to approve the new IP law under TRIPs) yes, it does, this is a principle we
call parallel import. The protection is focusing on the capacity to ones (
not only copyright,  goods too) to avoid the formal contracted distribution
in another country (which channel allow any price you would like to sell)and
buy for a better price outside the country. 
For goods it´s applied mostly to developing countries to allow the control
of the price the merchandize will be sold in such country.  If you can
import ( or download) from other outside the country, and not buy for the
formal distributor,  you will certainly have better price than you have
inside the country. 
Best 

-----Mensagem original-----
De: at-large-bounces at atlarge-lists.icann.org
[mailto:at-large-bounces at atlarge-lists.icann.org] Em nome de James S. Tyre
Enviada em: terça-feira, 30 de outubro de 2012 16:43
Para: 'At-Large Worldwide'
Assunto: Re: [At-Large] Perpetual Copyright on 'Foreign' Goods!

> 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 _______________________________________________
> > At-Large mailing list
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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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