Interesting and nuanced blog post <http://arielkatz.org/archives/2130>about this case by Ariel Katz (who was a speaker at the In re Books conference <http://www.nyls.edu/inrebooks> at New York Law School this weekend) (website is currently down because of Hurricane Sandy, but will be available later with links to webcast of the conference). Ariel was also one of 25 law professors who submitted a friend of the court brief<http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs/11-697_petitioner_amcu_iplawprof.authcheckdam.pdf>on behalf of the petitioners. The amicus brief provides a great overview of the historical background and application of the first sale doctrine to the unique/narrow issues set forth in *Wiley v. Kirtsaeng*. IMO, definitely worth reading!
On Tue, Oct 30, 2012 at 1:44 PM, Pat Maechler aka Valio <[email protected]>wrote: > On Wed, Oct 31, 2012 at 11:58 AM, Aaeru <[email protected]> wrote: > >> It is an extremely serious case because they are attacking property >> rights. >> Anyone who is attacking property rights is a thief. It doesn't matter >> what pretext you use to coat your action. Property rights is absolute >> morality. >> > > Indeed one can argue for absolute physical property rights from a > libertarian perspective, but the reality is not as if they're currently > absolute. Just consider legislation on psychoactives. > But I agree that this case clearly shows how "IP" conflicts with real > property rights; just as is outlined e.g. in S. Kinsellas "Against > Intellectual Property" [ http://mises.org/journals/jls/15_2/15_2_1.pdf ] > > BTW: Here's the link to the relevant SCOTUS blog entry > http://www.scotusblog.com/case-files/cases/kirtsaeng-v-john-wiley-sons-inc/ > > -pat > > > _______________________________________________ > Discuss mailing list > [email protected] > http://lists.freeculture.org/mailman/listinfo/discuss > FAQ: http://wiki.freeculture.org/Fc-discuss > >
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