Feeds

eBay frets as right to resell comes under scrutiny

US Supreme Court to examine first sale doctrine

Top three mobile application threats

eBay has launched a “grass roots” campaign to defend America’s first sale doctrine, as a Supreme Court hearing approaches that could subject second-hand and resale trades to the approval of rights-holders.

The online auctioneer is lobbying in defense of the first sale doctrine, and has launched “eBay Main Street” to mobilize its merchants.

The first sale doctrine – in essence, your right to sell your property – will be put under the spotlight in a case sparked by a student reselling textbooks bought outside the USA.

At issue is a decision by a lower court that as far as books are concerned, the doctrine only applies to copies made in America – a decision that forbids what Australians would recognize as parallel imports.

Rather than being confined to books, however, the Appeals Court ruling in the case of Kirtsaeng v. John Wiley & Sons soon to be examined by the Supreme Court covers all copyright works.

That’s raising concern far beyond the publishing industry: technology products, for example, contain copyright works in their software, raising fears that normal activities such as reselling technology products could become a nightmare of regulations.

The Kirtsaeng v. John Wiley & Sons case involved a complaint by the publisher that a Thai-born graduate studying in the USA, Supap Kirtsaeng, was buying textbooks overseas and selling them in America on eBay. John Wiley & Sons sued and won, with the Appeal Court limiting the first sale doctrine “specifically and exclusively” to works made in territories in which the US Copyright Act applies, not to “foreign-manufactured works”.

If that statement were upheld in the Supreme Court, it wouldn’t only affect the secondhand trade: Channelnomics articulates fears that the new doctrine would also be catastrophic for the conventional IT channel.

Amicus briefs are flying in all directions. Back in July, the Library Copyright Alliance filed a brief arguing that the Appeals Court finding puts the activities of lending libraries at risk. On the other side, the Association of American Publishers (AAP) and the Software and Information Industry Association have both filed in favour of the Appeals Court finding. ®

High performance access to file storage

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Number crunching suggests Yahoo! US is worth less than nothing
China and Japan holdings worth more than entire company
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
prev story

Whitepapers

SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.