By your logic, I could buy a copy of a best seller, scan it, bind it and sell it on eBay. I mean, it’s my paper, my ink, my binder and my copy of the book.
Clearly importing them violated the “first sale” lisence agreement. Why would the lisence owner need to depend on customs to enforce his intellectual property rights?
The likely effect of a “favorable” ruling would be to curtail discount sales of textbooks in Asia.
Incidently, I bought a couple of Tom & Jerry DVD’s on eBay, turns out they were sold in and shipped from Singapore and are not supposed to be imported into the U.S. It doesn’t seem to be a copyright issue, since the same DVDs are not sold in the U.S. It appears to be racial sensitivity. The black maid is depicted as a , well black maid, with a thickly accented dialect. “Tom, yous is a shiftless, wortless good-fer-nuttin’ lay-a-bout old tom cat and eyes gonna toss you outen dis house if you don’t take cares of dat mouse around here!” She is an altogether admirable and noble character, but it just won’t play in the U.S. Disney’s “Song of the South” is not available on DVD nor VHS and they closely monitor eBay and Craig’s list to keep it that way.
It kinda fustrating because I have a VHS copy of the PBS miniseries “Mother Love”, which is absolutely riveting and I cannot get someone to copy it to DVD, even for my personal use, because of copyright restrictions. For whatever reason the copyright holder refuses to release copies, even though it is eagerly sought after.
Ahhh if I were you I wouldn't use the word "logic" anymore until you learn the meaning.
Your straw man argument of COPYING an existing work doesn't fly. why you ask because he didn't do such.
He bought books and had them shipped to the USA and as is his right here in the USA he can resell it as he sees fit. He owns it its his to do with as he pleases.
Its called the right of first sale for a reason. The Copyright holder controls the first retail sale after that he has no say in whether the owner of the product sells it or burns it or uses it for toilet paper.
This back door try on controlling all sales of products past the first sale is a power move by Big Media. Either you own it outright or you are renting it.
"Clearly importing them violated the “first sale” lisence agreement. Why would the lisence owner need to depend on customs to enforce his intellectual property rights?"
Then you have no understanding whatsoever of the first sale doctrine. He bought those books from a retail source. He didn't IMPORT them he had them shipped to him. Importing means wholesale purchasing with a business license etc. Like I said he bought them retail And thus the first sale was done. Any sale after that wasn't a first sale. Therefore he has the right to do with the merchandise as he pleases as far as reselling them goes.
If this idiotic ruling stands then by law you will not be allowed to resell ANY thing made over seas without permission from the copyright holder. Apple is salivating at the thought of this stupid ruling being upheld.