On 12/21/2010 11:55 AM, Alexander Terekhov wrote:
In sum, the legislative history of Section 109(a) reveals that the phrase "lawfully made under this title" clarifies what constitutes a "first sale" for purposes of the first sale doctrine"
This is false, at least as held by the Ninth Circuit and upheld by the Supreme Court; "lawfully made under this title" means exactly that, a copy made as permitted by this law. Omega vs. Costco resulted in first sale not applying to imported items because they were made in a foreign country, and thus not "made under this title". You may continue to believe that this change is immaterial to the outcome of Wells, but I already know what your opinion is worth. _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
