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First Sale doctrine statusFirst Sale doctrine statusPosted Jan 24, 2011 2:15 UTC (Mon) by ccurtis (guest, #49713)In reply to: CFAA by rahvin Parent article: PS3 jailbreak prompts restraining order from Sony (CNet)
> But in the US we have a long established English common law policy called first sale.
That means less and less as time goes on if you're not watching what SCOTUS is up to:
http://www.wired.com/threatlevel/2010/12/scotus-first-sale/
The case tied 4-4 so effectively upheld a lower court ruling without setting precedent, but the short of it is that IP (copyright) trumps first sale.
Synopsis: Costco was buying watches overseas and selling them in the U.S. Because the logo on the watch was copyrighted, this violated the copyright and thus Costco is barred from selling the watches. The argument is that applying the first sale doctrine to products not made in the U.S. would be enforcing U.S. laws on a foreign nation.
And guess what's not made in the U.S. anymore? Well, pretty much everything...
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