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

[Hyman Rosen]

On 12/21/2010 1:26 PM, Alexander Terekhov wrote:
> You're in denial, Hyman.

No, you just fail to read and understand.

> http://ftp.resource.org/courts.gov/c/F2/550/550.F2d.1180.76-1141.html
> defendant's sale of the comics did not constitute copyright infringement
> since plaintiffs had engaged in a first sale of the comics. The court so
> held even though there was a contract between the distributor and the
> wholesaler that the wholesaler would dispose of the comics "for no other
> purpose than waste paper".

Sure. The defendants didn't do any copying, and the first
sale doctrine did away with restrictions on redistribution.

> The pivotal issue was whether the copies sold by the defendant were
> copies which had been the subject of a first sale, thereby terminating
> their statutory protection:

Wells was decided before the language of "lawfully made under
this title" was law.