Something to keep an eye on

amulford

How does this get to the SC anyway ?

Because Wiley has made so much money gouging students and their greed has no limits??? Because you can disagree with a Court's decision and appeal it (if you have the means to do so) up to the SCOTUS? No that doesn't scare me at all.

What does bother me is the fact that the SCOTUS is hearing this case at all. I ain't no rocket scientist, but unless that kid is having books printed overseas there are no intellectual rights/property involved nor any copyright infringement. Just some a$$hole with a lawyer crying "That ain't fair!!! I should be the only one who can make a dollar." Those books were sold. Period, end of story...

Edit:
I stand corrected, I thought Wiley was the complainant, it's the kid bringing the case to the SCOTUS. This whole debacle should have been dismissed at the first hearing. I wonder how much it cost Wiley to buy THAT decision???

This society is scaring the hell of me. It really is...

tonyb

EndersShadow wrote: »

Technically the did handle it, but were dumb

From the article:

Thanks, I missed that. So if I read this correctly, the lower courts agreed that the kid needed permission ? Thats totally rediculous !! This has some consequences here......holy smoke.

Antny, the bottom line is everyone is broke and they need to find new ways to bring more coin in the door. What better to just create laws to do so, or alter existing laws, and make it a crime if you don't comply. Even the U.N. is looking to tax americans and thats up before the senate now.

SDA1C

I know I ain't the sharpest tack in the box when it comes to legal but if the kid is indeed the one to appeal to the supreme court wouldn't it say that the premise is already implemented and he is trying to avoid the royalties that have already been imposed? is that to say the permission is already required and that he is siting ex post facto as means to not be held liable for reimbursement?

rpf65

As I understand this case, the appelate court sided with the publisher, not the kid. The publisher's arguement is basically: "Why should drug companies get special treatment, and not me?" Drug companies get about 10 years of market protection before generics can be made, and they get a cut from generics when produced.

The kids arguement is you didn't spend a billion dollars to develope and test your book, so it's a little different. Besides, the book stores sell used right next to new all the time. The thing I really find strange is major corperations aren't backing this kid to the hilt.

Almost all companies have entry level products. That's where consumers will test their products, and then go for high=end ones later. If they couldn't sell their entry level stuff to somebody else to try, why not just stick with the manufaturer they have been using? It really shouldn't scare anybody that SCOTUS is hearing this case. They have a history of telling the world that the U.S. is a nation unto itself. You don't like our laws, don't move here.

amulford

In August 2011, the U.S. Court of Appeals for the Second Circuit upheld a lower court’s ruling that anything that was manufactured overseas is not subject to the first-sale principle. Only American-made products or “copies manufactured domestically” were.

Herein lies the rub, And I quote:

Wiley, which admitted that it charged less for books sold abroad than it did in the United States, sued him for copyright infringement.

So these were produced in the US but sold abroad, by the publisher's own admission. Which means the First Sale Doctrine does indeed apply. Yes, the kid needs to take it all of the way through, the lower courts were wrong. Even if the product was produced from overseas, the same standard should apply. Once ownership is legally and lawfully transferred, the copyright owner no longer holds any rights to the individual copy.

tonyb

SDA1C wrote: »

I know I ain't the sharpest tack in the box when it comes to legal but if the kid is indeed the one to appeal to the supreme court wouldn't it say that the premise is already implemented and he is trying to avoid the royalties that have already been imposed? is that to say the permission is already required and that he is siting ex post facto as means to not be held liable for reimbursement?

True, but just the fact that they are seeking U.S. law to settle this should tell something. The courts can only rule on U.S. law, if the law is different elsewhere who knows. Sure will be interesting to see how this pans out and I'm sure alot of eyes are going to be watching. Depending on the final ruleing, it could have drastic effects for alot of companies/people.

SDA1C

I am thinking of the complications of DIY projects. Whew what a nightmare!

tonyb

SDA1C wrote: »

I am thinking of the complications of DIY projects. Whew what a nightmare!

Why don't ya send me your addy, I'll send ya 20 bucks to buy a sense of humor.....or build yourself some kimber quality cables.

SDA1C

Oh yea you're a funny fkr ain't cha LOL! I wonder what DH Labs and Pepster would have to say about the "upgrade" LOL!

Syndil

First, I think the scope of this case will be limited to intellectual property, perhaps even just books. The pundits claiming this will affect your ability to sell furniture or tank eBay are spewing nonsense.

Secondly, there is a precedent for allowing companies to sell intellectual property overseas but not allowing that property to be imported to the US: Region locking of DVDs. Obviously it's a bit more difficult to region-lock a book, thus we have this lawsuit here in front of the SCOTUS.

So what will be decided here is the ability of a book publisher to effectively (through legal means) region-lock a book. If the kid wins this case against the publisher, it will set a precedent for removing the ability to region lock DVDs or any other intellectual property (which is already contested).

The sky is not falling.

tonyb

Syndil wrote: »

Secondly, there is a precedent for allowing companies to sell intellectual property overseas but not allowing that property to be imported to the US: Region locking of DVDs. Obviously it's a bit more difficult to region-lock a book, thus we have this lawsuit here in front of the SCOTUS.

So what will be decided here is the ability of a book publisher to effectively (through legal means) region-lock a book. If the kid wins this case against the publisher, it will set a precedent for removing the ability to region lock DVDs or any other intellectual property (which is already contested).

The sky is not falling.

But you can still own a region locked dvd and sell it anywhere without paying the original owner. Much the same way cd's only released in europe can be bought and sold on the open market. Intellectual property under this case would have to be redefined, and that alone could have enormous consequences.

amulford

First, I think the scope of this case will be limited to intellectual property, perhaps even just books. The pundits claiming this will affect your ability to sell furniture or tank eBay are spewing nonsense.

I wouldn't be that casual. Although the inference is ridiculous, the possibility remains. I can definitely see some jagoff trying to extrapolate it to cover another area.

On another note, at the rate this country has lost it's manufacturing prowess, the f#ckin LAST thing we need is another excuse to move more of it offshore. Might not be completely on topic, but I can see it used as an excuse to "create value for the shareholder"...

SDA1C

SDA1C wrote: »

Amulford,
Though I appreciate your enthusiasm and faith in my decisions about sharing the wealth...If it does go through, the forum will be the first to know...stay tuned.

Well it did work out and as I mentioned I will share the information. I do not care to undermine but I also don't see the reason to buy new when a rebuild will do. I have not put a scope on them and they are harsh for about 150 hours but what isn't. They have smoothed out nicely and I would be very satisfied, even if there wasn't a $400 savings, if I received this as new. Some of the edges need to be sanded to clear the offset alignment pin but other than that they are a drop in replacement.