Forum - View topicNEWS: U.S. Supreme Court Deadlocks on 1st-Sale Doctrine Case
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GATSU
Posts: 15298 |
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Good thing I gave away my copy of Ouendan 2 to Amazon before this happened.  Still, I wonder if this could hurt e-tailers selling imported DVDs and merch. I imagine it'd be the domestic companies which choose to shut down importers.
More importantly, this could affect medicine. Last edited by GATSU on Wed Dec 15, 2010 1:40 am; edited 2 times in total |
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Sunday Silence
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So basically, if I say, buy the Japanese Mahou Sensei Negima manga, Kondasha can pretty much stick a leek up my @$$ and tell me "YOU VIOLATE OUR COPYRIGHT, PAY GAIJIN BASTARD!!" anytime they wish?
**** me, it's becoming harder to be a American Weaboo. |
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Kyaa the Catlord
Posts: 300 |
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Um, no I don't think thats what it says SS.
It restricts resale, not the initial purchase of items from overseas. This might be hard on places like Robert's Corner Store, Animenation, and Jlist but probably not directly on the consumer. But then again, I think Costco was acting kinda shoddily in this case. It was selling brand name watches without being a registered retailer with the watch manufacturer. I don't think there is quite the same system in the anime realm. Jewelry and watch sales are really murky waters. Edit: This MAY have an interesting effect on the used car market. I think all that branding on your car is copywritten. So buying a used Toyota from a Ford dealer may be problematic. |
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bayoab
Posts: 831 |
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No. Only if you sell it and what you described is different because of language of the content. The closest thing to this case in the anime world currently is figures where they are more expensive through US anime stores than reverse importing through a proxy on the ground in Japan. So if Good Smile saw you buying them from Japan to sell instead of going through AAA, they could tell you that you can't sell them. But there is a lot more going on than what I just described. It is nowhere as simple as I'm making it out to be in terms of what the parties involved would have to do. |
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teh*darkness
 Posts: 901 |
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In your specific scenario, Kodansha wouldn't say word one to you. They would, if anything, go after whoever sold it to you. If you bought it from amazon japan, there would be no problem. If you bought it from, say, Kinokuniya after they imported it, Kodansha could be a dick and go after Kinokuniya for selling it to you. Though, I highly doubt that would happen. |
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Big Hed
 Posts: 1607 Location: Melbourne, Australia |
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Well, at least this won't affect Kara no Kyoukai's release.
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configspace
Posts: 3717 |
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Yeah, you'd be ok buying direct from Japan, but wholesalers/bulk buyers/middlemen of imported goods as well as local retailers are also "1st sale" resellers so they would be affected *if* one of the licensors or licensees on their behalf of the were to make a case against them.
Of course, individuals could be affected as well for anything they'd sell on the second hand market, though I doubt any of the companies will bother with the small fries. But judging from what's been going with the all of the imported Japanese merchandise biz so far I guess there isn't anything to worry about yet. |
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Drunk_Samurai
Posts: 133 |
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So stores that buy imported merchandise from Japan and then resell it in the States are now illegal?
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cjovalle
Posts: 31 |
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Maybe? It's more complicated than that. The decision isn't precedent in anywhere but the 9th Circuit; this means that there will be probably be conflicts at some point between the 9th Circuit and other parts of the country. The risks for certain types of activities like that have certainly increased. It's not just stores, though- it applies to everyone, and for actions more than selling. While the article does mention that the AAP supported the Ninth Circuit ruling, I think it's fair to mention that the briefs were all over place. Against the initial ruling included retail store groups, some computer industry groups, Amazon, Gamestop, Intel, Google, EBay, Public Citizen, the American Library Association, the Association of College and Research Libraries, Association of Research Libraries, the Medical Library Association, the American Association of Law Libraries, the Special Libraries Association, EFF, and so on. The implications for anime/manga fandom go beyond buying and selling... it applies to lending as well. The big reasons libraries are involved is because this directly affects the ability to lend materials. Libraries rely on the doctrine of first sale to lend books. Now, if libraries receive materials that are manufactured outside the US, if the doctrine for first sale doesn't apply then libraries (and others) may not be able to lend those materials. It also seems silly in light of 17 USC 602, where libraries can specifically import some types of material... but now they might not be able to lend them. =P The other concern is probably going to be publishers attempting to use the ruling to shut down secondary markets... |
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Drunk_Samurai
Posts: 133 |
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The big problem would be how some shops actually resell magazines such as Weekly Shounen Jump in the states.
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teh*darkness
Posts: 901 |
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I think the whole point of this lawsuit was that Costco was selling the watches way below normal retail for the brand name, and thusly, devaluing the product to current and future buyers. The brand owner obviously did not appreciate this.
As this would apply to imports of manga/anime, a supplier would have to somehow get their hands on merchandise at such a price that they could afford to sell it lower than original market prices in order to undercut and devalue the product to the point that the copyright holder would go after them. How this would apply to libraries, who don't sell books, is beyond me, so I don't know why that was brought up. This is specifically referring to the copyright holder's ability to restrict "sales" of their products in foreign countries. Simply buying and importing the product would not cross any legal barriers. |
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