Reselling of Intellectual Property

[Autonomina]

Understanding that the supreme court is hearing the case of a Thai student who is charged with upwards of $600,000 in damages for reselling used student texts to pay for tuition, I was curious to see what others thought about the issues posed here.
Do corporations have rights to intellectual property after the first sale?
Should the courts yield to legislation as some have speculated they might?
What are the possibilities for future corporations to abuse this hearing/legislation if it passes in their favor?

[Foscor]

I wasn't aware of this, to be honest. Companies are seriously suing him for reselling his textbooks? Everybody sells their textbooks. Personally, this sounds like a vendetta of large corporations to get their cut of whatever minimal profit this kid is making, when they're already loaded beyond belief.

[The Amazon Isles]

Well he came here then found out the books were expensive so he had his relatives buy he them back in his home country out in Asia somewhere AND ACCORDING TO THE DMCA only things manufactured here in the USA are subject to the first sale doctrine and anything made foreign is not allowed to be resold.

[Aersoldorf]

I find that utterly ridiculous. Once I purchase something, it should be mine to do with what I wish.

[The Amazon Isles]

Jan 22, 2013 11:40:22 GMT -5 Aersoldorf said:

I find that utterly ridiculous. Once I purchase something, it should be mine to do with what I wish.

Actually you don't own anything according to the DMCA, when you buy Music, Movies, Books, video games and Consoles, Computer Software etc because when you buy it you only purchase a license to use it nothing more nothing less.

[Aersoldorf]

I still find it ridiculous

[Eist]

THE TEXT BOOKS WERE NOT ORIGINALLY BOUGHT IN THE USA; THEY WERE BOUGHT NEW IN THAILAND AND RESOLD IN THE USA.

The student made a reported $1.2M profit through breaking the law.

This is the crux of the case and should have been presented as such by Autonomina. Please get your facts straight before creating a topic and post an original reference:

www.cnn.com/2012/10/26/justice/court-student-copyright/index.html

The textbook industry is a huge scam in the developed world. Poor students are required to buy extremely over inflated books for classes that they may use only a handful of times.

However, unlike other goods, textbooks (for better or worse -- ok, probably worse) are manufactured in specific areas around the globe (in this case by Wiley), sent to distributors, and priced according to demand. This student circumvented this and completely abused the system in place, made a reported $1.2M profit, and was appropriately punished for it.

[Aersoldorf]

thanks Eist, I thought dude just sold his after he used them. That makes a huge difference.

[Mondragonia]

I don't see the crime/fault. Is he importing & selling legally?

[Shpeltzland]

No, it isn't technically legal. What they are discussing is whether or not it was morally a good thing or not that he got caught.

[The Uncommon United Ones]

If I were the manufacturer and and sold the thing I manufacture I got paid for it and I only need be paid once. If you are wise enough to make some of your money back good for you. If I am a worthwhile business person then your resale would be figured into my future numbers and would affect the way I look at that part of my business but I would not come after you for being smart. I would applaud that.

[Ker0ppi]

in respond, the court has ruled in favor of the thai student www.forbes.com/sites/ericgoldman/2013/03/20/the-supreme-courts-first-sale-ruling-will-spur-price-competition-in-the-short-run-but-enjoy-it-while-it-lasts/

[Eist]

Very interesting, thanks for linking that! The system is a complete rort, so I really hope prices do come down as the cartel is broken up.

[Deleted]

Books of all things. They aren't Cigarettes, it's (probably) not like he profited much if it all from the resale of the textbooks. I'm really glad to hear that the court ruled in his favor. It just seems silly to me that items bought outside of the US are illegal to resell? (if I'm understanding you guys correctly?) I could understand if it's something that the FTC might deal with (firearms, cigarettes...) but books. my lord.

[velias]

This should be illegal. In fact, selling something to a person without the diricts of the author is a crime, but he do it for the culture and for the education, and he is only a poor student, charging him with this is absurd.