Learning Team B Reflection: Week 3 IRAC Brief
Learning Team B: Rhea Carson, Elspeth Flynn, Matthew Cable, Dusty Henson, Joseph Spurling
LAW531
October 21, 2014
Janice Scott
IRAC: Kirtsaeng v. John Wiley & Sons
Case
Kirtsaeng v. John Wiley & Sons
Issue
Whether first-sale doctrine codified in 17 U.S.C. § 109(a) is applicable to John Wiley & Sons copyrighted works manufactured and bought abroad, resold in the United States by Kirtsaeng without the owner’s permission. Is this a violation of the Copyright Owner’s rights or was he protected under the First Sale Doctrine?
Rule
The first sale doctrine states that an individual who purchases a legally produced copyrighted work may sell or dispose of the work as that person sees fit
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Wiley believes their copyright grant gives them the right to control the prices abroad and in the United States.
As the case went through the 2nd and 9th circuit courts, the decision was made in favor of Wiley. The case was then appealed to the Supreme Court which voted in favor of Kirtsaeng.
Conclusion
If the final decision by the Supreme Court was accepted in favor of Wiley, the fallout would possibly result in chaos and could result in United States companies moving their manufacturing outside of the country. The final sale doctrine would no longer be accepted in the majority of situations. As a result, Wiley & Sons, Inc. increased the costs of their text books that are sold overseas. The case lasted almost 6 years and ended up in the defendants favor. After this case, there may be other businesses that look at the costs of their items overseas as well (Lee, 2014). The case would also result in companies like Amazon, eBay, and Walmart stores losing business from buying goods overseas and reselling in the United States. Companies will now have to reevaluate their marketing and pricing in foreign countries.
Team B Week 3 Reflection Two of the objectives we discussed as a team are: differentiating between personal, real, and intellectual property issues, and determining appropriate methods to address potential property issues. Different types of property have different laws that protect them as well as different methods of addressing issues. After
Drew A. Senulis is an Associate Attorney with Patel Gaines. He represents clients in a broad range of complex commercial real estate litigation and transactions. Drew emphasizes that though a great number of business people may understand their industry and business procedures, some may not be wholly aware of the legal nuances that can influence their business. He also understands that a vast amount of attorneys remain inexperienced with business operations – making them less effective advocates. Drew’s focus is to close that gap for his clients by successfully combining his strong foundation of legal expertise and business experience.
ISSUES -- Does the plaintiff deserved to be heard at a trial by a jury? Did the trial court acted righteously by dismissing the case in pretrial hearing? Did this decision damaged the plaintiff?
What did the appellate court rule? Did it agree with the trial court (affirm) or disagree (reverse)?
1. This story is about the Supreme Court’s decision. What process did this case have to go through to get to the Supreme Court?
Harrison, M., & Gilbert, S. (1991). Landmark decisions of the United States Supreme Court (Vol. 2). Beverly Hills, CA: Excellent Books.
The issue here becomes whether the court’s decision was the right one or if they could have come up with a different decision had the case been studied from different perspectives making the decision wrong. Both arguments (for and against the Court’s decision) are discussed below, but I personally believe that court’s decision was the only right one to make.
This case was prepared by Professor Stephen E. Barndt of Pacific Lutheran University. This case was edited for 5MBP 9th Edition. Copyright C 1998 and 2000 by Stephen E. Barndt. This case was published in the Business Case [ourn Summer 1998. Vol. 1. No. t. pp. 53-{}9. Reprinted hy permission,
In his article, Groskopf first sets the stage by letting the reader take a survey to let them see if they know the type of ownership a reader would have over an example of a digital book. His survey then outlines the uneven distribution of answers given showing that most of his readers are wrong about digital ownership rights. Groskopf continues by stating that most of the rights are outlined in the Terms of Service (TOS) of the selling company, a statistic from a reputable source showing that the majority of buyer’s do not read the TOS and some examples demonstrating how companies can take advantage of this
First, Harry evaluated the used textbook industry and was astonished to how severely they cut into profits and market shares. The feature to buy and sell used textbooks online appeals to college students and demonstrates traditional publishers cannot compete effectively due to the substantial discount. Lindsol examined rental textbooks and found many students find it easier to rent textbooks from third parties to save money on their college textbook expenses. Companies tried to retaliate against used and rental textbooks by frequently updating editions of the book to keep with the industry itself. However publishers encountered another issue that lead to international editions of books. Students may find international editions for a much cheaper price with the almost identical content manufactured with cheaper materials. Amazon and Apple released items and applications, the Kindle Fire and iBooks, which allowed readers to download digital copies on their electronic devices. Lindsol became aware of the potential competitors in the textbook industry and weighed the advantages and disadvantages of an eBook
Myron Rangard, national sales manager, and David Olsen, Director of Procurement at Fe nix Del Sur LLC have been assigned the task of reviewing a pending contract with a mass-merchandising department store that would entail the tripling of replica production, and more particularly a full assortment of authentic items. Rangard and Olsen must first consider the long-standing reputation that Fe nix del Sur has built as being one of the most reputable sources of genuine and authentic artifacts. Presently, replica production represents only a small portion of total sales and increasing their replica production could jeopardize their reputation. In addition, acquiring authentic artifacts is more difficult due
Author's Note: This research is for Professor Rob Paixao B234/BUL2241 Section 01 Business Law Course written by Caden Ross on 02/17/2013.
With the rise in popularity of the Internet, the death of books was prophesized. The demise of Borders, once the most viable rival to the behemoth book chain Barnes & Noble could be read as a symptom of this cultural phenomenon. However, another of Barnes & Noble's rivals, that of Amazon.com is thriving. Amazon.com introduced a new model of profitability for online retailers, first beginning with books and then branching out into digital books and other forms of goods and services. By some book enthusiasts, Borders was much beloved. "Though it was a chain, with hundreds of locations around the world, during its best years it maintained the feel of a great, expansive local bookstore, the 800-foot space multiplied by 10 or 20 (and much better organized). The choices were manifold, the employees passionate, the adventure always beginning" (Leopold 2011:2). How did this change?
Beatty, JF & Samuelson, SS (2009) 'Introduction to Business Law ', Los Angeles: Cengage Learning [Accessed 23 July 2015]
The legal environment of business provides principles, standards, and rules that regulate how businesses should operate (Meiners, Ringleb & Edwards, 2012). In the modern business environment, businesses need not only be cognizant of rules and regulations in the form of legislation and common law but are also subject to “ethical, legal, social, political and international” (Meiners et al., 2012, p.20) norms. For a business to succeed it is vital for managers to understand the legal environment to ensure that they conduct their business affairs within the parameters of the law,
f) to reproduce and distribute to public by sale or other transfer of ownership: Provided that the exclusive right