11.14.2012

Interesting First Use Case Hitting the SCOTUS

From time to time (and often courtesy the work of others) I have posted articles on the site discussing the theories behind intellectual property law. An interesting case is coming through the Supreme Court this fall which could turn several of those theories on their heads. From Marketwatch:

"Under the doctrine, which the Supreme Court has recognized since 1908, you can resell your stuff without worry because the copyright holder only had control over the first sale.
 
Put simply, though Apple Inc. has the copyright on the iPhone and Mark Owen has it on the book “No Easy Day,” you can still sell your copies to whomever you please whenever you want without retribution.
 
That’s being challenged now for products that are made abroad, and if the Supreme Court upholds an appellate court ruling, it would mean that the copyright holders of anything you own that has been made in China, Japan or Europe, for example, would have to give you permission to sell it."
 
Certainly one to watch, particularly if it forces us to rethink one of our posts of the year for 2011...

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