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Thread: Supreme Court issues major copyright ruling on foreign sales

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    Re: Supreme Court issues major copyright ruling on foreign sales

    Quote Originally Posted by ttwtt78640 View Post
    You are asserting that the foreign firm has paid all of the required royalties on that text book? If that is the case then, and only then, do I agree with you. It is very difficult to tell if that is the case, as many products made overseas look very similar to what they were copied from.

    Does Your US Patent, Trademark, or Copyright Protect You Overseas? | LegalZoom
    Let me explain how this case worked. A kid from Thailand named Kirtsaeng comes to the United States as a student at USC. His family members buy legal textbooks from a local Thai store and then send them to Kirtsaeng by mail. He then re-sells the textbooks on E-bay, netting a healthy profit because of the massive price difference.The publisher John Wiley & Sons Inc, then tried to sue him claiming that he wasn't allowed to resell property he had legitimately purchased. The whole exercise was an attempt to undermine the property rights of individuals.

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    Re: Supreme Court issues major copyright ruling on foreign sales

    Unless I am missing something here, it seems like this ruling could have an enormous impact on the pharmaceutical industry.
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    Re: Supreme Court issues major copyright ruling on foreign sales

    Quote Originally Posted by Jack Fabulous View Post
    Unless I am missing something here, it seems like this ruling could have an enormous impact on the pharmaceutical industry.
    Wouldn't the FDA still have oversight of medications? They could declare foreign purchased pharmaceuticals unsafe.

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    Re: Supreme Court issues major copyright ruling on foreign sales

    Quote Originally Posted by Jack Fabulous View Post
    Unless I am missing something here, it seems like this ruling could have an enormous impact on the pharmaceutical industry.
    Quote Originally Posted by Pilot View Post
    Wouldn't the FDA still have oversight of medications? They could declare foreign purchased pharmaceuticals unsafe.
    Yes and Yes but a lot of those drugs are actually manufactured in the US and sold overseas at substantially lower prices, ergo it could have an impact. Too much of an impact and those companies will stop selling drugs overseas which may not be so good for anybody---our prices will go up even more and they will not get the drugs.

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    Re: Supreme Court issues major copyright ruling on foreign sales

    Justices Ginsburg, Scalia and Kennedy dissented. That is not an un-Holy alliance you will see every day.......

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    Re: Supreme Court issues major copyright ruling on foreign sales

    Quote Originally Posted by Fisher View Post
    Yes and Yes but a lot of those drugs are actually manufactured in the US and sold overseas at substantially lower prices, ergo it could have an impact. Too much of an impact and those companies will stop selling drugs overseas which may not be so good for anybody---our prices will go up even more and they will not get the drugs.
    If this applies to drugs then man-o-man, talk about a whole new industry. The drug companies know that foreign countries will not stand for their BS, and have told them that if they don't sell cheaper then their whole patent rights are no longer valid and generics will rule. This is why they sell cheaper in foreign countries. If only the US did something similar, and if only the FDA was run by disinterested third party appointees, instead of the actual drug company executives themselves we might actually get real reform on healthcare costs, of which drugs is a big one.


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    Re: Supreme Court issues major copyright ruling on foreign sales

    Quote Originally Posted by ttwtt78640 View Post
    So any foreign company can now buy one US copyrighted DVD/book, reproduce it endlessly and sell unlimitted [sic] copies in the US? That must make US entertainers very happy. I suggest that Obama's books be treated with this "respect".
    No, that's not what this ruling means. A foreign company, buying one copy of a copyrighted product from the U.S., and making endless copies of it would be a violation of the copyright, regardless of what it did with those endless copies; and this ruling does not change that in the least.

    What this is about is copyright holders allowing their works to be sold for a different price in one country than in another; and the legality of someone buying a copy in a country where the price is lower, and then bringing that copy into a country where the price is higher, and selling it.

    I note that a statement from a trade group that opposed this ruling seems to bring the most clarity about what this ruling is really about…

    The Software & Information Industry Association, the principal trade association for the software and digital content industries, said in a statement that it is "strongly disappointed" by the ruling.

    "Today’s decision will create a strong disincentive for publishers to market different versions and sell copies at different prices in different regions," the statement said. "The practical result may very well be that consumers and students abroad will see dramatic price increases or entirely lose their access to valuable U.S. resources created specifically for them.

    “American publishers will face direct harm, because our markets will be open to a flood of copyrighted material that was intended for purchase overseas. By exploiting pricing models that are meant for students in undeveloped nations, importers both deny those students a full education, and threaten American publishers’ ability to do business abroad.”

    Publishers want to be able to charge lower prices in some countries, and higher prices in others, according to what the economic conditions in those various countries best support; and they want this practice to be protected by prohibiting copyrighted materials bought in one country to be sold in another. What this ruling establishes is that no, the publishers are not entitled to this protection, at the expense of the right under the First Sale Doctrine of someone who has legitimately purchased a copyrighted work to sell it when and where he chooses, even if he does so in a place where the publisher is trying to charge a higher price than the publisher charges in the place where the first sale occurred.
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    Re: Supreme Court issues major copyright ruling on foreign sales

    Quote Originally Posted by ttwtt78640 View Post
    You are asserting that the foreign firm has paid all of the required royalties on that text book? If that is the case then, and only then, do I agree with you. It is very difficult to tell if that is the case, as many products made overseas look very similar to what they were copied from.

    Does Your US Patent, Trademark, or Copyright Protect You Overseas? | LegalZoom
    There doesn't appear to be anything in this case that alleges that the books that Mr. Kirtsaeng was buying in Thailand were anything less than legitimate in terms of copyrights and royalties. Nobody seems to be disputing that it was entirely legitimate to buy these books in Thailand, use them in Thailand, and sell them to others in Thailand. The complaint arises entirely out of the fact that these books were being sold for much less in Thailand than in the U.S., and the publishers objected to the impact that Mr. Kirtsaeng's activity could have on their ability to charge different prices for the same product in different countries.
    The five great lies of the Left Wrong:
    We can be Godless and free. • “Social justice” through forced redistribution of wealth. • Silencing religious opinions counts as “diversity”. • Freedom without moral and personal responsibility. • Civilization can survive the intentional undermining of the family.

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    Re: Supreme Court issues major copyright ruling on foreign sales

    Quote Originally Posted by Hicup View Post
    If this applies to drugs then man-o-man, talk about a whole new industry. The drug companies know that foreign countries will not stand for their BS, and have told them that if they don't sell cheaper then their whole patent rights are no longer valid and generics will rule. This is why they sell cheaper in foreign countries. If only the US did something similar, and if only the FDA was run by disinterested third party appointees, instead of the actual drug company executives themselves we might actually get real reform on healthcare costs, of which drugs is a big one.


    Tim-
    Yeah this is going to be a game changer on pharmaceuticals, and could possibly affect the whole global marketplace paradigm. The question remains whether it will be good or bad on balance for Americans.

    Personally I think 10 years should be the limit on patents and copyrights. The Congress and Courts apparently have disregarded that "for a limited time" language in the Constitution. This may be a baby step in the right direction though.

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    Re: Supreme Court issues major copyright ruling on foreign sales

    I think what is missing from this discussion is the obscene prices charged for textbooks at
    American Universities. It is almost a captive market.

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