Re: Psystar's legal reply brief in response to Apple

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> On 8/10/2010 1:12 PM, Alexander Terekhov wrote:
> > The record shows Hyman found the truth and the light.
> 
> The record shows that interpreting "lawfully made under this title"
> can be torturous indeed. For example, in Omega v. Costco (now taken
> up by the Supreme Court for review) the Ninth Circuit ruled that
> this phrase required that the item in question be made in the U.S.!
> <http://www.theiplawblog.com/archives/151235-print.html>

http://www.essays.se/essay/5b5a780784/

"Abstract: The exhaustion doctrine (also known in some jurisdictions as
the ''first sale doctrine See U.S. Copyright Code Section 109(a)'') is
one of the basic rules of intellectual property (IP) system, and is
applied to many IP rights, from copyright to trademark. The term
''exhaustion'' or ''first sale'' describes the concept of this rule,
where, after the ''first sale'' of a particular legitimate work, the IP
owner may no longer control or restrict the use or resale of a work use,
because his IP rights to the work is exhausted. The exhaustion doctrine
is generally grouped into two kinds, territorial exhaustion and
universal exhaustion, or, national and international exhaustion J.A.L.
Sterling, World Copyright Law (Sweet &&semic Maxwell, London, 2003)
Section III - 1001.. The distinction between international and national
exhaustion depends on the treatment of their legal status, according to
the importing nation's laws, when those legitimate goods have been
imported without the authorization of local IP Right(IPR)'s holder. With
regards to copyright, for quite a long time in copyright history, there
was only the doctrine of national exhaustion. Since the copyright system
was created, the national authorities have played an important role in
granting copyright to authors before the first modern copyright law -
1710 Statute of Anne in the U.K, protection similar to modern copyright
was granted nationally to the Stationers' Company as a privilege W.
Cornish and D.llewelyn, Intellectual Property: Patent, Copyright, Trade
Marks and Allied Right (Sweet &&semic Maxwell, London, 2007) p. 377..
Since then, most countries developed their own copyright system, varying
from the 1834 Royal Law on Printing in Spain to the Urhebettecht in
Germany M. Woodmansee, 'The Genius and the Copyright: Economic and Legal
Condition of the Emergence of the ''Author''', in W.T.Gallagher (ed.),
Intellectual Property (Ashgate, The England, 2007) pp. 4-26.. The
territorial system built upon the boundary line of the countries
dominates copyright legislation until the development of new technology
that largely quickened the speed of the copy's reproduction and
distribution. In terms of increasingly trans-national markets,
territorial protection turned out to be the obstacle preventing the
author from receiving remuneration in countries other than where their
creative activities had taken place See W. Cornish and D.llewelyn, Supra
note 4, pp.379-280, eg. The UK, the commercial position as a
considerable exporter of copyright materials and strong interest in
reciprocal copyright arrangement other countries and its colonies.. In
order to protect the benefit of the author in the international context,
in the end of nineteen century, the international community entered into
a multilateral agreement for copyright, the Berne Convention for the
Protection of Literary and Artistic Works of 1886. The nature and scope
of copyright was for the first time proposed and universal accepted.
Since that time, copyright has experienced a process of
internationalization. Even today, we are still undergoing this process,
as does the exhaustion doctrine. The rule that a copyright is exhausted
when the copyrighted work first placed at market anywhere in the world
is becoming accepted under national law."

regards,
alexander.

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