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saishokushugisha
Editor, Anime Insider
Joined: 18 Aug 2004
Posts: 101
Location: USA
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 Posted: Fri Nov 21, 2008 10:18 am |
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| Colonel Wolfe wrote: | | I think this is just Funimation's way of saying we want you buying our more inferior merchandise rather than buying the original from Japanese businesses. |
This specific case didn't have anything to do with FUNimation. It was brought on behalf of a handful of college textbook publishers. ANN pointed out the impact that it could have on other, similar cases, that's all. |
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MokonaModoki
Joined: 30 Oct 2005
Posts: 427
Location: Austin, Texas
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| Posted: Fri Nov 21, 2008 12:27 pm |
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| nargun wrote: | ... hang on.
The contract was enacted under non-US law, so according to US law, the judge says, US law on the sale of goods is not applicable to that transaction.
In that case... how does the US court get to make an order, here? It's explicitly denying the authority of US law over the subject matter.
You've got some right crap judges, in the US of A. |
The words "not acquired under American law" in the ANN article was just a poor phrasing of "illegally imported". The defendents were attempting to use the words "lawfully made" in the code which implements the first sale doctrine as a loophole to defend the sale of items which had been unlawfully acquired. What this judge did was clarify that the "lawfully made" qualifier to the first sale doctrine in the US Code is not a defense to llegally infringing acquisition.
| teh*darkness wrote: | | Um, in this case, the defendants tried using a US law to protect themselves, which would allow them to resell foreign purchased books in the US. However, the law only applies to books made for purchase in the US, so the law does not apply, and the publisher has every right to tell them they can't resell these books outside the original country of purchase. This isn't just US judges. This could have happened in any country. |
Eh... when you use the words "the law" keep in mind that there are two different laws involved here, the one they violated, and the one that they argued was a defense to that violation.
The ruling does NOT say that the first sale doctrine only applies to books (or anything else) made for purchase in the US. The first sale doctrine still applies to any copyrighted work which was lawfully made and acquired, no matter where it was originally printed or intended for distribution.
The law that was violated was the restriction on importation for distribution of non-dramatic English language works, for which there is a US copyright authority, but which were not manufactured in the US (or Canada). If the books had been printed in the US and shipped to China "for sale only in China" the law would not have been violated by their importation back into the US.
And looking back at the ANN article headline... "U.S. Court Rules 1st Sale Doctrine Inapplicable to Imports" is pretty much 100% false. It could have been "U.S. Court Rules 1st Sale Doctrine Inapplicable to Illegal Imports". |
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Mr. sickVisionz
Joined: 28 Oct 2007
Posts: 1212
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| Posted: Fri Nov 21, 2008 1:54 pm |
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| sarsman45 wrote: | | Well thats bull. If they can control sales of books after first purchase, how do poor college students purchase textbooks that are too expensive? |
THATS WHAT PISSES ME OFF!!!!
My math books are like $100+ dollars, and its the same frickin math that was used back in ancient Egypt like 3000 years ago. Outside of the US, these books are sold for a reasonable price, but here its just rape fest. Every year they release a new edition, despite no new theorems or formulas having been created in over like 1000 years. They just change the numbers in the questions and use that as an excuse to sell another $100+ version and to kill the resale market.
I don't see how this really affects anime that much since most people don't actually import it. |
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enurtsol
Joined: 01 May 2007
Posts: 7811
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| Posted: Fri Nov 21, 2008 6:29 pm |
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| Mr. sickVisionz wrote: | | sarsman45 wrote: | | Well thats bull. If they can control sales of books after first purchase, how do poor college students purchase textbooks that are too expensive? |
THATS WHAT PISSES ME OFF!!!!
My math books are like $100+ dollars, and its the same frickin math that was used back in ancient Egypt like 3000 years ago. Outside of the US, these books are sold for a reasonable price, but here its just rape fest. |
Well, maybe a reasonable price for you but still a rape fest for them. For example, a $100 book in the US might be sold for just $10 in, say, Somalia. For you, that's not bad. For Somalians who barely earn that much, it's still a rape fest, as you call it.
Plus, the Japanese could complain about Americans getting their anime DVDs for a lot less! If the production cost is to be spread out on both sides of the Pacific, then the Japanese prices should go down while the American prices should go up till they reach a middle point. The Japanese would think that's just fair.  |
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LiuXuande
Joined: 23 Mar 2006
Posts: 196
Location: Chicago
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| Posted: Sat Nov 22, 2008 2:26 am |
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Off-topic rant: When it comes to price...people really need to cross-compare. A box set of $45-$60 for anime is expensive? What about shows like House, Monk, Heroes, etc. $45 per "season", each season being only like 10-12 hour-long episodes...and shows like House already in its 5th or 6th "season". Price is generally level across the board, lol.
Anyway, back to imports  |
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fuuma_monou
Joined: 26 Dec 2005
Posts: 836
Location: Quezon City, Philippines
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| Posted: Sat Nov 22, 2008 7:25 am |
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| Draneor wrote: | | Leon Evolon wrote: | | I seriously doubt this will have any effect on our interests. I mean, this ruling only takes effect if the original company overseas has expressly stated that its material is not to be distributed outside of the native country. |
Many Japanese products state, among other things, "For Sale in Japan Only." You will usually see this stamped on the back of a Japanese CD or DVD. Often in English. |
I don't recall seeing that; usually what I see is "not for sale or distribution in Japan" on licensed overseas/Asian editions of J-Pop CDs. Likewise, similar notices on overseas editions of U.S. textbooks ("for sale and distribution in the Philippines only"). |
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