POV-Ray : Newsgroups : povray.off-topic : iPod / Music Industry / J-pop / Gripe! : Re: iPod / Music Industry / J-pop / Gripe! Server Time
6 Sep 2024 03:18:53 EDT (-0400)
  Re: iPod / Music Industry / J-pop / Gripe!  
From: Mueen Nawaz
Date: 5 Jun 2009 19:21:26
Message: <4a29a876$1@news.povray.org>
Darren New wrote:
>>     The person who sold it to me (online). Occasionally, these books are
>> shipped from abroad, but most of the time they're being sold within the
>> US. Either way, the seller knows where he's shipping to.
> 
> But you're saying the seller is in the US also? Sure, if he's in India

	I'm saying the one who shipped is in the US. As in it was shipped from
within the US, and that's how it's listed (with a few exceptions) on
places like Amazon - shipped from Florida, etc.

> and mailing you books to the US, I can see that. I was talking about the
> people who buy them in India, carry them to the US, and then sell them
> to others in the US. Potentially someone without any contract with the
> original publisher.

	Well, you asked who was violating the license - not who was violating
the law.<G> My point was that whoever sells it outside of India is
violating the license. Whether it is legal or not is another story.

>> 1. At least for the Indian books, it's usually listed either on the
>> front or back cover. Don't recall for the Korean ones...
> 
> Whichever. The point is that for it to be a contract, I have to agree to
> it. You can't just print something and say "Ha, gotcha!"

	Well, as you said - actual bookstores in India probably know about it
and are bound by it. I suppose if I were to resell it, I could claim
that I didn't know of the terms prior to purchase, so I can't be bound
by it.

	I don't really know. Lots of books (e.g. novels) have a notice inside
prohibiting the owner from reproducing, and even selling (or at least
the ones I read as a kid prohibited selling). I don't get to know those
terms prior to purchase. Perhaps they wouldn't stand up in court.

>> 2. That's why I said I don't know the legal implications. It's a
>> violation in Indian law, but I don't know about US law.
> 
> Yeah, that's what I was asking. You'd have to have a specific law in the
> US, not just some random pseudo-contract printed on the outside of the
> book.

	Isn't it possible certain international laws/agreements could cover
this? I think it could get a bit messier given that the owner of the
copyright is almost always a company/individual who does reside within
the US.

	I always wondered about this with regard to movies. Some non-English
movies have never been officially released in the US - nor have they
ever had English releases. (e.g. Talvisota for you Finns). Some of these
movies are considered classics in their countries (I assume - they have
high IMDB ratings).

	So if I find some independent retail store selling these movies in the
US, is the seller breaking a law within the US? Let's assume that
whoever owns the rights to a movie has no official presence in the US
(i.e. no office, not registered any trademarks, etc).

	Some of these movies are available via p2p, and people have created
subtitle files for them. Could I be liable for downloading them?

	Note that over here it's not the case that they're intentionally
restricting the market. They just never went through the trouble...

> Right. I was just wondering if I went to India, bought a bunch of books
> off the shelf, stuck it in my luggage, came back to the US, and sold
> them, whether it would be breaking any laws, and if so, whose laws and
> when?

	Same answer as above - may depend on treaties. And given that the
"original" licensor is in the US, it may have implications.

	Perhaps the company over here could sue for damages. A law need not be
broken for it to be a valid lawsuit, right? (I'm asking seriously).

-- 
Objects in calendar are closer than they appear.


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                       >>>>>>mue### [at] nawazorg<<<<<<
                                   anl


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