Tuesday, March 19, 2013

You can always count on Supreme Asshole Scalia...to be an asshole. On everything

The case turns on a provision of the Copyright Act that permits the owner of a copy that was “lawfully made under this title” to resell the work.  The publisher argues that the Thai books, printed in Thailand, were not made “under this title,” and thus that Kirtsaeng cannot lawfully resell them.  Kirtsaeng, on the other hands, argues that the books were “lawfully made,” because they were made under a license from Wiley.
Justice Breyer’s opinion (joined by all the Justices except Scalia, Ginsburg, and Kennedy) directly and emphatically accepts Kirtsaeng’s argument.

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