Re:How a Supreme Court ruling may stop you from reselling ju...
by danielweber on Monday October 29, 2012 @01:27PM
(#4713366)
The Second Circuit decision does seem to say that Apple can deny first-sale rights on things manufactured overseas and sold in the US by Apple. I was skeptical, but the dissent in that case talks at length about it, and I assume the dissenting judge knows more than me about what's at stake.
That said, it's just about a guarantee that SCOTUS won't stomp all over the first-sale doctrine. It can easily keep both the first-sale-in-the-US rule alive as well as maintaining the rights of IP holders against unauthorized imports.
That said, it's just about a guarantee that SCOTUS won't stomp all over the first-sale doctrine. It can easily keep both the first-sale-in-the-US rule alive as well as maintaining the rights of IP holders against unauthorized imports.