U S Top Court Sides With Thai Student In Copyright Row

[Scott]

I don't think this is about the SC caring one way or another about anyone. I think it is about the law and how it's written.

Some of the books used, especially at the graduate and post-graduate level are very technical manuals with a huge amount of research. The text book used for Human Anatomy at a medical school, for example, has a limited number of people who will use it. It will not generate the same income as a John Le Carre airport novel.

[IsaanUSA]

I don't think this is about the SC caring one way or another about anyone. I think it is about the law and how it's written.

Some of the books used, especially at the graduate and post-graduate level are very technical manuals with a huge amount of research. The text book used for Human Anatomy at a medical school, for example, has a limited number of people who will use it. It will not generate the same income as a John Le Carre airport novel.

You really think the book publishers are doing us all a favor by charging little Johnny $150 USD for that engineering book to cover the charge for little Somchai's same book at $70 USD equivalent?

Personally I believe that they are gouging students in "developed" countries. If an American can buy that same product, made by the same company, in a differnt country for cheaper, then they should be able to import it. The publisher is still getting paid.

[Jitar]

How did this 'kid' afford legal representation or was he pro se? All the way to the Supreme Court?

You obviously haven't followed the story throughout the ordeal. The kid made a TIDY PROFIT! How do you think he got sued?!?! The publisher doesn't find out about this kind of scheme unless it starts getting into the 7 figures. I think he netted a couple million dollars from the scheme.

The OP gives a very different impression of a Uni student selling a few second hand books. Perhaps AFP are sympathetic or thought it made a better story?

[JLCrab]

So if to use the example above -- at least until there is an overhaul to the US Copyright Law -- the book that sells for $150 in the USA but can today be bought in Thailand for $70 will no longer be available in Thailand for $70 once the current inventory runs out.

The reasoning behind some of the civil-society (as they like to call themselves) backers of Kuhn Kirtsaeng is that someone's grandmother would be unable to bring back to the USA books under US copyright she bought on her travels to Europe or that one could not sell one's used imported car as it contains copyrighted software that might still be under the control of the copyright owner.

[Scott]

I know that there are different laws that apply to medication, but I wonder if this ruling will have an affect to the buying/selling of drugs sold cheaply in other countries.

[JLCrab]

The simple answer is that the US Supreme Court Kirtsaeng case dealt strictly with interpretation of the 1976 Copyright Act. US FDA restrictions on importation of prescription medications, if anything, will be getting more strict as an increasing number of fake or diluted medications is being detected by US Customs inspectors.

[IsaanUSA]

nevermind, JLCrab got it ^

Edited March 22, 2013 by IsaanUSA