SCOTUS Deadlocks on First-Sale Doctrine Case

December 13, 2010 -

The U.S. Supreme Court issued a split decision on Costco v. Omega, a case dealing with first sale doctrine. The court divided 4-4. The case had to do with watches bought overseas and sold at Costco discounts in the United States. The split denies a change in a lower court decision upholding the rights of the Swiss watch manufacturer, Omega.

According to Scotus blog, a different outcome might have been possible if the newest justice, Justice Elena Kagan, didn't recuse herself from the case. Kagan has recused herself from about half of the cases being heard during this term.

Costco argued in its appeal that the Ninth Circuit decision allows copyright owners who make products outside the U.S. to gain added legal weapons against those who buy goods overseas.

More from SCOTUS Blog:

At issue is the so-called “first sale doctrine.” Federal law provides that, if a copy of a protected work is made or purchased legally, that copy can be sold without the consent of the owner of the copyright. Once the owner of a protected work has sold a copy of it to someone else, that other person may sell it without permission of the owner of the copyright.

Under other provisions of copyright law, importing a copy of a protected work amounts to an infringement of the copyright if the copy was made abroad and brought back into the U.S. without permission. The first-sale doctrine is an exception to that provision. The Ninth Circuit, however, ruled that the doctrine applies only to copies made legally and sold inside the U.S.

Some good examples of how first-sale doctrine applies to software and DVDs can be found here.


Comments

Re: SCOTUS Deadlocks on First-Sale Doctrine Case

I am not quite clear... how does copyright fit into this case since we are dealing with the sale of tangible goods?

Re: SCOTUS Deadlocks on First-Sale Doctrine Case

Somehow Omega was able to convince some judges that Company logos are covered under copyright and not trademark. Since it was the logo that was being distributed without the permission of the copyright owner, selling the product was illegal.

I think it is a stupid ruling and a stupid case. The logo should not be allowed to have copyright protection and rather fall under trademark law which would have allowed for this sale as the logo is attached to a licensed good.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: SCOTUS Deadlocks on First-Sale Doctrine Case

Odd indeed.  If they were digital watches, I suppose you could claim copyright on the firmware, but as far as I know they were analog -- that's what precision Swiss watches are known for.

Re: SCOTUS Deadlocks on First-Sale Doctrine Case

Ah!

Thanks for the explination.

Re: SCOTUS Deadlocks on First-Sale Doctrine Case

Breakdown?

Re: SCOTUS Deadlocks on First-Sale Doctrine Case

Irritating, but according to the linked article it didn't set a national precedent.

 
Forgot your password?
Username :
Password :

Poll

Which group is more ethically challenged?:

Shout box

You're not permitted to post shouts.
Andrew EisenThat was quick! Pretty accurate cosplay of the new Ghostbuster uniform and proton pack: https://twitter.com/mirabellemusing/status/61673135125394227207/03/2015 - 6:23pm
Matthew Wilson@mast I dont know, but I do know it got a cult fallowing here.07/03/2015 - 6:22pm
MastermuneWasn't the Zero Escape series more popular here than in Japan?07/03/2015 - 6:19pm
Matthew Wilson@mast given the game was revealed in the US, I wouldnt be shocked if it was released at the same time.07/03/2015 - 6:15pm
MastermuneI don't trust the big AAA worldwide simultaneous releases though.07/03/2015 - 5:57pm
Mastermune@Infophile I have come to the conclusion that smaller games like zero escape, JRPG's and the like are actually worth preordering sinc they are limited quantities and since they usually release in japan first we know if there are any issues.07/03/2015 - 5:56pm
Infophile@Matthew! Awesome news. I'd preorder on that shout alone if I didn't have a policy against preordering anymore.07/03/2015 - 5:16pm
Matthew Wilsonzero escape 3 was announced today.07/03/2015 - 4:21pm
Matthew Wilson@pnx I am guessing a ddoss since that is what happened to neogaf, but sony needs to do a investment in psn as a whole. steam is still the most reliable and fastest digital platform I use.07/03/2015 - 3:06pm
PHX Corphttp://www.vg247.com/2015/07/03/psn-is-down-sony-investigating/ not again: PSN is down, Sony investigating07/03/2015 - 3:04pm
Matthew Wilsonhttp://www.vg247.com/2015/07/03/digital-extremes-trespasser-keystone-pc/ if true, this is funny and embarrassing for Digital Extremes. companies need too have better security.07/03/2015 - 2:57pm
Matthew Wilsonhttp://www.gamespot.com/videos/the-point-destiny-the-hardcore-gamers-slot-machine/2300-6425852/ this is very good, and well researched.07/03/2015 - 12:41pm
InfophileOther features to become standard: The ability to remap controls however the hell I want. Quicksave at any time (especially for handheld and mobile games). Plus everything Andrew said07/03/2015 - 10:43am
InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
PHX Corphttp://kotaku.com/payday-2-has-been-broken-on-xbox-one-for-three-weeks-1715384186 Payday 2 Has Been Broken On Xbox One For Three Weeks07/03/2015 - 8:44am
Matthew Wilsonhttps://www.reddit.com/r/OutOfTheLoop/comments/3bxduw/why_was_riama_along_with_a_number_of_other_large/ here is a more complete acount of whats going on.07/03/2015 - 1:32am
Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
MattsworknameYou know andrew, those are actualy rock solid ideas, I woudl like those features a bunch ,especially with games that a cut scene heavly. looking at you kojima!07/03/2015 - 1:18am
Andrew EisenActually, "things I'd like to see become standard in video games" ain't a bad idea for one of my future YouTube videos.07/03/2015 - 1:05am
 

Be Heard - Contact Your Politician