Colbert Takes On First Sale Rights; Mocks Kirtsaeng Case
from the first-sale-goes-mainstream dept
Copyright issues don't often become "mainstream" stories. SOPA was the exception, not the rule, and it only really went fully mainstream at the very end with the January 18th blackouts. But it's always nice to see when big copyright issues get some mainstream love. Stephen Colbert actually has covered copyright (and other IP) issues a few times on his show (perhaps because his brother is an IP lawyer). He was actually among the first on TV to cover SOPA. Still, it's a bit surprising to hear that he devoted an entire segment of his show to First Sale, and specifically the Kirtsaeng case that we've been covering. If you're in the US or one of the very small number of countries that Viacom's streams work in, you can watch it below (blame Viacom, not me, if you can't):It may not be the funniest Colbert bit, but it's still quite amazing to see first sale issues get such mainstream coverage. Even though the Kirtsaeng case is at the Supreme Court and a certified "big deal," it's still pretty obscure outside of copyright circles. So it's great that it appears to be getting some mainstream love. Colbert uses clips from a few popular news shows discussing the case, including the O'Reilly Factor, again showing the issue is getting plenty of attention.
And, while we're used to commentators screwing up the details, Colbert mostly seems to get them right here (again, I wonder if he ran some stuff by his brother). It gets a little fuzzy at times when he seems to suggest that all goods are covered by copyright, but that can likely be chalked up to trying to simplify the explanation for the sake of lining up a good punchline. Of course, it's also worth noting that Colbert's bosses at Viacom are members of the MPAA (via Paramount, which is owned by Viacom), and the MPAA filed a ridiculous brief in the case that effectively argues that the US economy might collapse if the Supreme Court doesn't wipe out your first sale rights. It would have been really amazing if Colbert dug into the insanity therein...
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, first sale, kirtsaeng, stephen colbert
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
I could even live with Viacom's stupid regional licensing restrictions if they would redirect me to the 'proper' website in this country where I can watch it, but they're too lazy to even bother to do that.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Typo
"Still, it's a bit surprising to hear that he devoted devoted..."
the word "devoted" is repeated.
[ link to this | view in chronology ]
Re: Typo
Picky picky. :)
Fixed fixed.
[ link to this | view in chronology ]
Selling a vinyl copy is more TV show staging, not relevant.
My Fundamentals already cover selling a vinyl record:
) Possession of authorized physical media is license to access the content anynumber of times (which can be one-at-a-time library use, yet not "public"display). In the absence of physical media, there's no clear right to accesscontent, only perhaps an authorized temporary permission. But at no time doespossession of digital data confer a right to reproduce it outside of the termsand conditions as for physical media, no matter how easy it is to do so.
) Emphasizing an aspect of the just above point: digital data is even less"owned" by the purchaser than with physical media, not more.
[ link to this | view in chronology ]
Re: Selling a vinyl copy is more TV show staging, not relevant.
First - umm...what?
Second - what does reselling a vinyl record have to do with digital data?
[ link to this | view in chronology ]
Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
So any physical or digital(?) or other goods that embodies a copyright (or trademark? Brand?) that was manufactured outside the USA would not be resellable in the USA without permission.
It would not apply to USA copy, but an imported vinyl album would be protected from resale.
[ link to this | view in chronology ]
Re: Selling a vinyl copy is more TV show staging, not relevant.
Oh, wait, now I do get it. You're out_of_the_asscrack. You're not really interested in solutions; you're only interested in disagreement.
[ link to this | view in chronology ]
Re: Selling a vinyl copy is more TV show staging, not relevant.
Just to try and remove a nit for you nitwits to pick at.
[ link to this | view in chronology ]
Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
[ link to this | view in chronology ]
Re: Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
'“commercial scale” activity means something different than “commercial” activity. Specifically, the term “commercial scale” implies a certain size threshold and not a qualitative assessment of the purpose of the activity. Furthermore, according to the panel, the threshold cannot be interpreted in the abstract but varies with respect to individual products and markets. According to the panel, “counterfeiting or piracy ‘on a commercial scale’ refers to counterfeiting or piracy carried on at the magnitude or extent of typical or usual commercial activity with respect to a given product in a given market.”[5] In any given case, commercial scale “may be large or small. The magnitude or extent of typical or usual commercial activity relates, in the longer term, to profitability.”[6]'
http://www.asil.org/insights090403.cfm
Or in human language, commercial scale is specific and not abstract, but it does make a claim about profitability being needed. In reality it is a non-statement as to the validity of the chinese definitions.
In other words: Commercial scale is almost completely undefined internationally and that is what is making out_of_the_blues argument so weak.
[ link to this | view in chronology ]
Re: Re: Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
[ link to this | view in chronology ]
Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
[ link to this | view in chronology ]
Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
[ link to this | view in chronology ]
Re: Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
[ link to this | view in chronology ]
Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
So basically, you can sell stuff as long as you don't get any money, and you can give stuff away for free as long as it's not free.
Gotcha.
[ link to this | view in chronology ]
Re: Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
Thank you! Thank you very much!
[ link to this | view in chronology ]
Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
Unless you are a 9 year old girl who tried (but wasnt successful) at downloading a single song. Then you get to have a full SWAT tac team come to your home, destroy your front door breaking in, and take your laptop away and make you fear for your life. Because, you know, thats what copyright was created for.
Idiot.
[ link to this | view in chronology ]
Re: Selling a vinyl copy is more TV show staging, not relevant.
Ok, idiot, I'll bite. Why should someone who buys a digital copy of an album or movie not have the same rights as someone who buys a physical copy? I have spent my money on a product and I should be able to enjoy it any way I damn well please and as many times as I damn well please. To say that I am purchasing 'authorised temporary permission' is the most idiotic statement I have ever read. I have bought and downloaded an album to keep in the same way someone else has bought a CD to keep.
[ link to this | view in chronology ]
Re: Re: Selling a vinyl copy is more TV show staging, not relevant.
The thing OOTB is missing is that many products are just vehicles for their content. The physical textbook is just a vehicle for delivering the lessons therein. You can separate the words from the paper they're printed on. You can digitize a textbook. That act of digitization doesn't confer upon the manufacturer any more rights than they had when the words were still on paper.
[ link to this | view in chronology ]
Re: Selling a vinyl copy is more TV show staging, not relevant.
The word "licence" is anathema to me. Never say that disgusting word in my presence ever again.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Remember not a lot of stuff you would sell is even Made In The USA.
[ link to this | view in chronology ]
Re:
In a world economy, diluting the right of first sale is silly and non-productive. On my person at this moment, I only have 3 items that I am sure were produced solely in the US.
And about the textbooks, they were sold as used and if this guy can find a market for used textbooks, more power too him. Not surprisingly, just like the *AA groups products, most people think textbooks are outrageously over priced and are cheerfully buying the lower priced used books.
On a related note, Florida wants to have collage degree programs that are under $10K to obtain. I think text books will be a serious hurdle to this goal.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Laser printing actually expensive
[ link to this | view in chronology ]
[ link to this | view in chronology ]
We've finally reached the point where the corporations feel entitled to a piece of any and every transaction, even amongst private citizens (which is none of their business). Such would constitute theft of the public and double-dipping and beyond on already-purchased goods.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
http://www.colbertnation.com/the-colbert-report-videos/421501/november-26-2012/judge --jury---executioner---copyright-law
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
never mind his brother
[ link to this | view in chronology ]
so much for Wiley's new logo
[ link to this | view in chronology ]