Re: Bye Bye First-Sale Doctrine (WIPO bill)

I'm not sure that this applies, either. Judicial difficulty in reconciling the two sections in their current form revolved around the fact that the importation right was a subspecies of the distribution right. The new section seems to now separate them. Once the copy comes into the country, the importation right has been violated--but it can be violated only once per copy. Sale of a copy from x to y is not an import.

It therefore seems that liability should stop once lawful transfer is made. In other words, the question seems to be: How would traditional doctrines of vicarious and contributory liability apply to the act of _importation_. To me it seems that they really don't.

Cheers.
Chris

Christopher A. Mohr
<chrismohr[_at_]sprintmail.com> Received on Fri Sep 11 1998 - 20:04:29 GMT