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Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth Circuit


From: Hyman Rosen
Subject: Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals
Date: Tue, 21 Dec 2010 12:01:55 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.13) Gecko/20101207 Thunderbird/3.1.7

On 12/21/2010 11:55 AM, Alexander Terekhov wrote:
In sum, the legislative history of Section 109(a) reveals that the
phrase "lawfully made under this title" clarifies what constitutes a
"first sale" for purposes of the first sale doctrine"

This is false, at least as held by the Ninth Circuit and upheld
by the Supreme Court; "lawfully made under this title" means
exactly that, a copy made as permitted by this law. Omega vs.
Costco resulted in first sale not applying to imported items
because they were made in a foreign country, and thus not "made
under this title". You may continue to believe that this change
is immaterial to the outcome of Wells, but I already know what
your opinion is worth.


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