Congressman Already Claims That He Needs To Overturn Supreme Court Ruling In Kirtsaeng

from the and-off-we-go dept

We fully expected efforts in Congress to look to overturn the strong and important "first sale" ruling by the Supreme Court, and it looks like they're not wasting any time. Rep. Doug Collins has already put out a statement about how awful the ruling in Kirtsaeng is and how he'll look to remedy it.
“The Supreme Court's ruling in Kirtsaeng v. Wiley raises concerning questions about the future of U.S. copyright law,” Collins said. “Many industries and businesses in Georgia rely on strong copyright protections to create jobs and invest in our local economies, including the established and exclusive right to import in to the United States. When a U.S. business harnesses innovation and creativity to develop a product, they should have certainty their copyrighted work will be protected against unauthorized importation of foreign products.

“As a Member of the House Judiciary Committee, I look forward to discussing the need for strong copyright protections with the Register of Copyrights at a subcommittee hearing tomorrow afternoon.”
No, actually, it doesn't raise any serious questions. It confirms a basic principle that "you own what you've purchased." It's amazing that a Representative who claims that he wants government to get out of the way and and that "the private sector is best at generating economic growth" would suddenly pipe up in favor of centralized monopolies handed out by the federal government. Furthermore, it's ridiculous, wrong and misleading to argue that Kirtsaeng is somehow antithetical to "strong copyright protections." The first sale doctrine has existed in the US for ages and nothing in it goes against "strong copyright protections." The Supreme Court decision standing up for first sale is hardly an attack on copyright. Even the claim about "being protected against unauthorized importation of foreign products." That's not a copyright issue, but an import issue. Here, again, Collins, who pretends to be for free trade, appears to be arguing that the US should have tariffs. It's funny what copyright will do to politicians -- including highlighting their own hypocrisies.

Filed Under: copyright, doug collins, first sale, kirtsaeng, property rights


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  1. identicon
    Beech, 20 Mar 2013 @ 1:02pm

    Re: Re: Re: Re: Re: Re: Mike favors grifters over publishers.

    From wikipedia:

    "In the United States, ticket resale on the premises of the event (including adjacent parking lots that are officially part of the facility) may be prohibited by law, although these laws vary from state to state and the majority of U.S. states do not have laws in place to limit the value placed on the resale amount of event tickets or where and how these tickets should be sold. Ticket resellers may conduct business on nearby sidewalks, or advertise through newspaper ads or ticket brokers. Some U.S. states and venues encourage a designated area for resellers to stand in, on, or near the premises, while other states and venues prohibit ticket resale altogether. Resale laws, policies and practices are generally decided, practiced and governed at the local or even venue level in the U.S. and such laws and or interpretations are not currently generalized at a national level."

    So, scalping is kinda sorta sometimes illegal depending on what state you're in. Good to know. (Couldn't look it up at work and I wasn't totally sure, that's why I used all those hedging words "fairly certain," "at least in some states.")

    And, I am aware that insider trading should certainly be illegal. But that's not what Mr. AC-that-says-boy-far-too-often asked for. The only thing he asked for was an example of buying low/selling high that is illegal. Not where buying low/selling high SHOULD be illegal, or rightfully is illegal, or only "legitimate market transactions" where it's illegal. So based on the criteria dude gave, insider trading qualifies.

    I'll agree with you that I don't get a point for scalping, but I'm gonna stick with my guns and give myself a point for insider trading, so I'm 1-1.

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