Here is the link to the USSC casefile, which includes the basic argument: The question presented is how these provisions apply to a copy that was made and legally acquired abroad and then imported into the United States. Can such a foreign-made product never be resold within the United States without the copyright owner's permission, as the Second Circuit held in this case? Can such a foreign-made product sometimes be resold within the United States without permission, but only after the owner approves an earlier sale in this country, as the Ninth Circuit held in Costco? Or can such a product always be resold without permission within the United States, so long as the copyright owner authorized the first sale abroad, as the Third Circuit has indicated?
http://www.supremecourt.gov/qp/11-00697qp.pdf Seems to mostly apply to material that was manufactured and/or copyrighted overseas, but that could affect sales of foreign posters here. It affects eBay because a large percentage of their business comes from resale of items manufactured overseas, and an unfavorable ruling would affect how the company does business. On 10/8/12 8:55 AM, "filip de volder" <[email protected]> wrote: > i don't see what this has to do with ebay , any american based company (be > it ebay or emovieposter etc etc ) would be affected by this on the same level > should this be decided by law . > > Filip De Volder and the 0 other members of runbuffy > > > Date: Mon, 8 Oct 2012 06:54:10 -0500 > From: [email protected] > Subject: Re: [MOPO] Right to re-sell imperiled?? > To: [email protected] > > I wouldn't think this could extend to movie posters, could it? Of course eBay > has done stranger things before! > > On Mon, Oct 8, 2012 at 6:14 AM, Captain Bijou <[email protected]> > wrote: >> Here's a story about a case (Kirtsaeng v. John Wiley & Sons) pending before >> the U.S. Supreme Court that may be of interest for MOPO-L members: >> >> http://www.marketwatch.com/story/your-right-to-resell-your-own-stuff-is-in-pe >> ril-2012-10-04?pagenumber=1 >> Earl Blair >> CAPTAIN BIJOU >> www.captainbijou.com <http://www.captainbijou.com> >> >> Visit the MoPo Mailing List Web Site at www.filmfan.com >> <http://www.filmfan.com> >> ___________________________________________________________________ >> How to UNSUBSCRIBE from the MoPo Mailing List >> Send a message addressed to: [email protected] >> In the BODY of your message type: SIGNOFF MOPO-L >> The author of this message is solely responsible for its content. >> >> >> >> >> >> Jay Nemeth-Johannes >> 8901 N Rexleigh Dr >> Bayside, WI 53217 >> (970) 290-9797 (Cell) >> -- >> Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
