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Supreme Court sides with student in case over textbooks

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Re: Supreme Court sides with student in case over textbooks

#71

It is hard to overestimate the importance of this decision. Had it gone the other way it would have been an utter disaster and contrary to every common sense Still it concerns me that 3 judges sided with the publisher. In such a landmark decision even 6 to 3 seems to close a margin for comfort.

> Had it gone the other way it would have been an utter disaster and contrary to every common sense.

There is no "the other way", because they had more than just two options. For instance, they could have said that (1) when a copyright owner sells a copy in the US, first sale applies to that copy regardless of where that copy was manufactured, and (2) unauthorized import of a copyrighted work is a violation of the distribution right.

This would have had essentially no effect on first sale 99.9% of the time, without for all practical purposes eliminating 17 USC 602 (one can make a decent case that 17 USC 602 should be eliminated--but that is something for Congress to do, not the Court).

Re: Supreme Court sides with student in case over textbooks

#72

It is great that students will be able to get cheap text books. But, are we not concerned that the court seems to be throwing out a law passed by Congress in an area where the Constitution grants them explicit power to act merely because they think the law is a bad idea? Title 17 of the U. S. Code Section 602(a)(1) “Importation into the United States, without the authority of the owner of copyright under this title,…

Having briefly skimmed the Opinion[1] (IANYAL), the heart of it was an exercise of close statutory interpretation to try and figure out exactly how s. 602 interacts with s. 109, with the majority concluding that as s. 602 refers explicitly to the s. 106 exclusive distribution right, it's subject to the same limitations as s. 106 is, including s. 109's First Sale limitation. (So s. 602 then just has the effect that the act importing an unauthorised copy into the US is an infringement of copyright). [Edit: My mistake - that finding was actually unanimous. The 3 dissents were only dissenting on the interpretation of "lawfully made under this title" in s. 109]

That's clearly not the only possible reading - 3 of the justices came to a different conclusion. But the idea that a court giving giving a reasonable interpretation of a mildly ambiguous statute is "throwing out a law... merely because they think the law is a bad idea", just because another interpretation is possible, is nonsense.

[1] http://www.supremecourt.gov/opinions/12pdf/11-697_d1o2.pdf

Re: Supreme Court sides with student in case over textbooks

#73
post #22

Earlier quoted context omitted.

Or, publishers will take pains to make the Thai version incompatible with the American one (a much better implementation of region-coding). If this case went the other way, it would have had all sorts of negative impacts to used item markets. I'm relieved the business-friendly supremes didn't cough up another loss for the consumer.

It seems to me that this SCOTUS has actually had a pretty good track record on civil liberties and these underdog kind of cases (Citizens United notwithstanding)

IANAL, and I haven't studied the issue, but from what I do understand, Citizens United made a lot of sense from a strict legal perspective. That is, corporations have always been persons under the law, and they were just affirming that. The issue, really, is more that they also affirmed the usage of this detail as a loophole because they were faced with either (1) negating a crapton of case law that depended on corporate personhood (any court case with a corporation as plaintiff or defendant, for instance) or (2) legislating from the bench. So they went with option 3.

The solution as I see it would have been to say that monetary expenditure doesn't constitute speech and is thus subject to regulation. If people want to propagate political messages free of charge in order to get around the regulation, I think I'd be okay with that. That feels like a legislator's turf rather than a judiciary's turf, but I'm not entirely sure; the dissent's opinion didn't seem to suggest this solution, so I might be completely off-base or it really is a legislator's turf thing.

Re: Supreme Court sides with student in case over textbooks

#74
The case involves textbooks, but it's not really about textbooks. Instead it's about what "made lawfully under this title" means in the context of first-sale of physical items.

Under one interpretation, if you buy a book outside the US, your ability to resell it in the US without permission depends on whether or not the book was made in the United States.

Under the other interpretation, "lawfully made under this title" means more that the making of the item itself was within the legal construct of copyright. That is, not pirated or counterfeit.

This second interpretation is what the majority opinion espouses, and the dissenting opinion aligns with the first.

This may be unsatisfactory for people concerned with software or e-book licenses, but Omega v. Costco might have come out differently if this had been decided beforehand. In that case, Omega sued Costco for reselling watches because they registered a copyright* for a logo on the back of the watch. Omega claimed that Costco had no first-sale protection from copyright since the watches were not made in the US. The 9th circuit agreed, SCOTUS split 4-4 (Kagan self-recused) and the 9th circuit stood.

The majority opinion implies that it's perfectly fine to fly to a foreign country, purchase legitimately sold watches, toasters, electric kettles, and books and bring them home for sale. (Subject to applicable duties, etc.)

Yes, manufacturers will probably not just throw their hands up and give up on price discrimination. I have no idea what they will do. But the profits from Country X still might trump any loss of profit/image due to importation and resale in the US.

Scrambling chapters in textbooks might work, but then they lose some efficiency and flexibility, for example: the option of liquidating inventory to a low-margin market when a new edition comes out in the US at a higher profit margin.

* Generally brand logos are trademarked, but they can sometimes also be copyrighted. It's a little muddy, and arguments exist whether or not, say, Mickey Mouse could become/remain a trademark after the copyright protection expires.

EDIT: To clarify what I meant by "I have no idea what they will do": I am not entirely without ideas of approaches companies could take; the suggestions in other reply threads here are definitely candidates. I just don't think I can predict the specific action[s]. Maybe 'all of the above' for some, maybe the status quo for others.

Re: Supreme Court sides with student in case over textbooks

#75

Earlier quoted context omitted.

Tell your students not to purchase whatever books the department head has been bribed into using in the coming semester. Instead, spend a few hours curating online resources that may serve as notes for students; better yet, just photocopy the handwritten notes that every mathematics teacher I've ever had seems to have for each lecture they give :-) Otherwise, Paul's Online Math Notes tackles Calculus and ODEs, and II…

Bribed? That's a pretty big assumption you're making.

In common usage, "bribed" is a euphemism for "wined, dined, and lobbied," which themselves are euphemisms for "bribed."

Re: Supreme Court sides with student in case over textbooks

#76
post #69

Earlier quoted context omitted.

The worst offenders are the professors who write their own textbooks (even though there are dozens of better ones already available) and then use them in their courses, making money off each student. Maybe there should be conflict of interest rules in universities. The heroes in this game are the instructors who are creating open-source textbooks.

The worst offenders are the professors who write their own textbooks (even though there are dozens of better ones already available) and then use them in their courses, making money off each student. I think you are seriously overestimating the financial gains such a professor would make. I've taken several classes with profs who teach from their own textbook; the profit per book sold that a prof receives is usually…

I had an intro EE class where the professor required students to buy practically unreadable handwritten notes from the university copy center. The price breakdown on the copy center receipt: $1.50 for the copies, $8.50 for royalties to the professor.

Later on I took MITx's prototype 802.11x online course, where I learned far more and managed an A. In that case the professor actually cowrote the textbook, but there was a free online copy for the online class, and the textbook was actually good.

Edit: in another case, another course at the same university used a custom printed textbook sold exclusively by the university for well over $100, that was just a few chapters from one $15 book and the complete contents of another $20 book bound together.

Re: Supreme Court sides with student in case over textbooks

#77
post #19

Earlier quoted context omitted.

The worst offenders are the professors who write their own textbooks (even though there are dozens of better ones already available) and then use them in their courses, making money off each student. Maybe there should be conflict of interest rules in universities. The heroes in this game are the instructors who are creating open-source textbooks.

I had a professor that created his own textbook that he taught out of. His lectures were him writing the textbook on the whiteboard. This was a good 1.5 hour nap every tuesday/thursday.

I also had a couple of professors that did the exact same think for a course.

Most of the professors gave away the slides of the course, and even more additional material; these ones gave nothing but a bunch of literally useless tables and charts, completely worthless for the exams.

Needless to say, this textbook was the only and obligatory literature for the course.

Re: Supreme Court sides with student in case over textbooks

#78

The case involves textbooks, but it's not really about textbooks. Instead it's about what "made lawfully under this title" means in the context of first-sale of physical items. Under one interpretation, if you buy a book outside the US, your ability to resell it in the US without permission depends on whether or not the book was made in the United States. Under the other interpretation, "lawfully made under this titl…

You already have the answer to what a publisher might do in your post: lobby for the imposition of duties on imported copyrighted material (or a narrower description as fits the market they're trying to protect). I'm not agreeing with that approach, it just seems likely.

Re: Supreme Court sides with student in case over textbooks

#79

The case involves textbooks, but it's not really about textbooks. Instead it's about what "made lawfully under this title" means in the context of first-sale of physical items. Under one interpretation, if you buy a book outside the US, your ability to resell it in the US without permission depends on whether or not the book was made in the United States. Under the other interpretation, "lawfully made under this titl…

> "I have no idea what they will do."

Stall. Send out some FUD. Maybe lobby for higher duties (as compared to tariff rates).

But most of the goods that have sufficiently large price discrepancies are going to a digital manifestation anyway.

So region-coding, DRM and the DMCA will (continue to) be the order of the day.

Re: Supreme Court sides with student in case over textbooks

#80

Earlier quoted context omitted.

It seems to me that this SCOTUS has actually had a pretty good track record on civil liberties and these underdog kind of cases (Citizens United notwithstanding)

IANAL, and I haven't studied the issue, but from what I do understand, Citizens United made a lot of sense from a strict legal perspective. That is, corporations have always been persons under the law, and they were just affirming that. The issue, really, is more that they also affirmed the usage of this detail as a loophole because they were faced with either (1) negating a crapton of case law that depended on corpo…

I only mentioned the Citizens United case because it's popularly reviled. I see no problem with the ruling as far as precedent goes (although I have qualms about the general rights without responsibilities that corps get) and I don't think it has really changed that much. Except... the commercials seem to get more and more interesting.

The SCOTUS certainly has an idealogical split (as in conservative vs liberal) but the categories are far more nuanced than just Republican or Democrat and I think they've been doing a decent job.

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