Jessica wrote: I don't believe there will be any change in the US but since 
most academic publishers make the overwhelming majority of their sales in 
financial terms in US, Canada, Europe and Australia, I suspect they will either 
stop selling the lower priced versions in Asia, Africa etc or price them at the 
same level as the US which would have the same effect.

Or-textbook companies will go to licensing online versions, or forcing buyers 
to sign contracts negating first sale. NB as I understand it the copies 
Kirtsaeng resold were in fact inferior in many ways to what was sold in 
America-cheaper paper, no color pictures etc. So maybe the companies will 
become aware of a market for cheaper textbooks (hah!).

I think it was actually a good case because it was so clear what the issues 
were-that it was just untenable to abrogate first sale on the grounds of where 
an item is made in a global economy, and that this in turn causes problems for 
rights owners. The item in question was a textbook, which is (a) the kind of 
item copyright law is supposed to protect, as opposed to shampoo labels or 
high-end Swiss watches, and (b) something with a big global market, not a 
luxury item but something many med students etc. have to have.

As Kagan's alternate opinion says, and also the district appeals court's main 
opinion), the law needs to be rewritten in some clear way that allows a 
distinction between authorized and unauthorized imports. (I think Kagan was 
saying that if the court had decided differently on the Lanza case, involving 
"gray market" shampoos with copyrighted labels, there would have been a 
non-destructive way to decide against Kirtsaeng.)

Of course, for the law to be rewritten we would need a legislature....

Judy Shoaf
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