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October 29th, 2012, 12:48 AM #1Case Traced to Selling Books on eBay Could End the Right to Resell
If you have ever sold anything on eBay, if you have rented via Netflix,
if you ever sold your used car, if you've shopped at Costco, if you've ever bought a used book from a library this case could affect you.
How Supap Kirtsaeng’s Textbooks Idea Led to Supreme Court
Kirtsaeng, who studied mathematics at the University of Southern California, generated about $900,000 in revenue by selling textbooks published by Wiley and other companies. His family members bought the books from stores in Thailand and shipped them to the U.S., where Kirtsaeng sold them on EBay.
Last edited by Rhia7; October 29th, 2012 at 12:59 AM.
October 30th, 2012, 02:49 PM #2
Here's an update on this interesting case:
Kirtsaeng v. John Wiley & Sons: Supreme Court Hears Contentious Copyright Case
"Publisher John Wiley & Sons won a copyright infringement lawsuit against the student, Supap Kirtsaeng." Kirtsaeng is appealing.
The entire issue of can goods originating from another country be
bought and sold again in the U.S. will be decided in June.
The current case has attracted so much attention because it could affect many goods sold online and in discount stores. The resale of merchandise that originates overseas often is called the gray market, and it has an annual value in the tens of billions of dollars.
October 31st, 2012, 05:54 PM #3
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Interesting case. Not sure if it applies but did the Kitsaeng pay duty on the books. Are there import implications for buying a book for personal use and then reselling it? Jsut curious. It's definitely not an open and shut case. On some levels I agree with Kitsaeng but other issues arise that make me question the practice.
October 31st, 2012, 08:54 PM #4
As I understand it Kitsaeng's family members and friends bought the
books legitimately in Thailand [they then owned the books].
They shipped the books to Kitsaeng: I don't know the details about payment/remuneration back to the family and friends after receiving the books.
I do know it expanded into a larger business generating $900,000 with a profit of $100,000.
I don't think the main issue centers around duty paid.
The issue is defining/controlling the "grey market."
Grey market - Wikipedia, the free encyclopedia
The problem is that so many goods in the United States are made
abroad. If there is a sweeping statement "You can't buy something abroad,
bring it to the U.S., and the resell it" that could have a lot of implications.
Last edited by Rhia7; October 31st, 2012 at 09:00 PM.
October 31st, 2012, 09:46 PM #5
boingboing has an interesting blog post on the case:
Report from the Supreme Court's Kirtsaeng hearing: will you get to go on owning your stuff?
November 1st, 2012, 12:21 AM #6
A Parade of Horribles: Supreme Court Justices Consider the Limits of First Sale in Kirtsaeng v. Wiley
This article explains the issues well and has code for a graphic people may
March 27th, 2013, 03:31 PM #7
Supreme Court rules in favor of foreign re-sellers in copyright case - UPI.com
Interesting Supreme Court decision:
The Supreme Court reversed that judgment, deciding the copyright-holders' rights expire when their product is lawfully sold overseas. Under the "first sale" doctrine, a copyright holder has a right to profit from the first sale of a book, but not its resale, the Times said.
Read more: Supreme Court rules in favor of foreign re-sellers in copyright case - UPI.com
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