The US Supreme Court is currently considering a case (Kirtsaeng v. John Wiley & Sons, Inc (11-697)) about the resale of textbooks across foreign and US markets. Read the articles linked below and discuss what you think is the most just way of addressing the questions raised by the case.
Due December 3, 2012
http://www.cnn.com/2012/10/26/justice/court-student-copyright/index.html
http://www.upi.com/Top_News/US/2012/10/27/Supreme-Court-to-hear-copyright-case/UPI-21041351374651/
http://arstechnica.com/tech-policy/2012/10/a-supreme-court-clash-could-change-what-ownership-means/
http://www.slate.com/blogs/future_tense/2012/10/23/kirtsaeng_v_john_wiley_sons_case_may_upend_international_copyright_law.html
http://www.nytimes.com/2012/10/30/business/supreme-court-hears-copyright-case-on-imported-textbooks.html?_r=0
http://cornellsun.com/node/53922
http://www.theonlineseller.com/2012/10/30/supreme-court-hears-textbook-resale-case/
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8 comments:
tefodeThe situation seems fairly straight forward to me. If you purchased th item you own it. If the original writer, composer, ect.. received compensation for the item then it is done and there should not be an issue. Reale chains and the like are a boon to authors and artists alike. My case being the fairly recent movie John Carter of Mars. This work was writen at the start of the last century and from resale, and library loans it has stayed alive as a literatry work till now when technology could put it on to the big screen. If it were otherwise I think the work would have fallen into obscurity and never given the intelectual property owners (family I hope) the money and royalties that the movie brought in as it would never have been writen.
I think the idea of of a person getting compenstated every time there is a sell is ludacris. Does that mean that when I sell my Chevrolet Malibu that is paid off I have to give a royalty back to Chevy? No! Hop[efuly this case is thrown out!
WOW..people sue over crazy things, money was made already from the books-the writer,student purchase the books now is making money off to resale it.Soon someone will (probably has)copyright there own name and will sue over that if its used by anyone.It's all about the money.
If this is going to be a issue all those employees(construction workers,factory workers, hairstylist, etc.) even those who work in foreign countries to make big companies in the U.S. apparels they to should be getting compensated of what is sold like the homes, candy made, shoes,vehicles sold, etc.. that are made PLUS their hourly wages. The one who wrote the book should get off there behinds and sell its books just like the student did and make more of there money by selling less.
Although I don’t know much about copy right laws, to me it seems as if though it would be common sense that if you buy it you own it, therefore you can resell it or do what you please with it. Wiley and Sons -v- Kirtsaeng is a pure and simple case of copyright owner’s greed. Wiley and Sons are already lining their pockets by gouging American students with the ridicules, outrageous prices of textbooks which will only be used once or twice in a school semester; and now they are suing for the right to double dip. If Wiley and Sons can afford to sell their textbooks overseas for a lot less than in the US and still make a profit, well than they can certainly afford to sell the same textbooks here in the US for the same price as overseas and still make their profit. Book publishers and their content-industry allies say “those concerns are overblown. No assault on libraries and garage sales is forthcoming”, they argue. Ya at least not until after they win their law suit against Kirtsaeng, if Wiley wins this case it would only provide a gateway for publishing companies to go after the libraries, yard sells, and flea markets to further line their pockets. I believe that if the publishers and their allies win this case, it would be a great injustice for the consumer.
We just learned in economics how copyright laws are a huge part of our economic "backbone" I have several opinions about this topic. First Id like to comment how the textbook industry is a monopoly, I wanted to use a math 120 book from glendale as my math 120 book at gateway, I was told they are different...how can that be? why wouldnt maricopa schools use the same books so we could buy and sell them more easily? You know why!!!!! $$$$$! Also, The invention of the internet has made so many entreprenuers and innovators from ordinary people. Just look, a recipe used to be "handed down" or borrowed from a family friend, hair could be braided if you KNOW someone to teach you, it was cultural and left huge amounts of people out of the loop. With the internet our quality of life has improved and we can share this culteral knowledge on UTUBE for the taking! Information is free! The books should be online, for use to use and not have to carry,preserve and (possibly) return. How can math concepts change from year to year???? ISNT MATH MATH???? Its curruption at its finest!!Kirtsaeng's lawyers say he is protected by the first-sale doctrine. That gives those who purchase anything-- such as a book or record -- the right to resell the physical object, although purchasers are not free to copy the material and sell the copies.So that means he shouldnt be prosecuted. The schools make an immoral amount of profit off of this whole book scheme. I think the teachers are told to DEMAND AND REQUIRE the newest editions.
This case is based on Kirtsang used ebay to resell the international editions of textbooks to make a profit. His parents bought them over seas and then he sold them. Is this right or wrong? On one hand.....his parents legally bought these books legally and by him selling them to make money is no different than selling them at a garage sale making NO profit! On the other hand, one might think that he had no right making a profit off books that he didn't have rights to. It all boils down to greed! I mean, the original person who wrote/published these books already made their money from the original sale! So why can't anyone else sell them to make money.......I highly doubt that there would be an issue at all if these books were sold in a garage sale, making only a few messily dollars!
I love your point Lori, about how it wouldn't be an issue if it had lost money at a garage sale!
As a student that has to purchase textbooks that cost just as much as my classes i can see things from Kirtsaeng's View. He was the owner of the books and chose to sell them. I do think it is simply a matter of greed and it is interesting how they sell their books overseas for cheaper. In terms of settling this, I don't have a concrete solution but the books were his property and he chose to sell them for profit.
I think that selling books for profits is just doing exactly what every company does.Buy low sell high.We should be allowed to get a textbook no matter where it comes from.The more information availiable to the world the better.And if a few people figure out like me that there really is a market for these books,who cares if they make a few hundred dollars extra.All money from selling the books will eventually return to our economy if the person is here in the U.S.
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