First-sale doctrine

Introduction The first-sale doctrine is an important provision in the United States Code regarding businesses and transactions, especially in a rapidly expanding digital world. The development of technology and the Internet is impacting the interpretation of the first-sale doctrine. Additionally, the first-sale doctrine has created some conflict within the courts because of its ambiguity in regards to the international and digital markets. While there is a specific importation ban within the Copyright

competition. Opportunities 1. Branding value.  Netflix can become the first thing people think of for watching movies at home, just like "Google" is the first thing many think of for searching. There's been at least one instance of using the word "Netflix" as a verb, so this could be the beginning. 2. Technology changing. As the technology changing fast, Netflix can use continuously strategy changing to take the first mover advantage. 3. The big and increasing market. There have over

LAW 338 Summative Coursework Table of Contents 1 Authorisation Required for Clickable Links to Freely Available Work on Other Websites? 1.1 Communication 1.2 To the public 1.3 New public 1.4 Svensson pros 1.5 Svensson cons 1.6 Liability of ISPs 1.7 Liability of Search Engines 2 If Clickable Links Transport to a Broadcast of a Work 2.1 Communication to the Public 2.2 Different Technical Means 3 Embedded links 4 Not-for-profit Basis 5 If Copyright Work on the Original Website is Restricted

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

Thinking Which of the following three legal theories did the Court apply in making its decision in this case? a. Ultramares doctrine b. Section 552 of the Restatement (Second) of Tort c. Foreseeability standard Before we can determine the doctrine used by the court, I would like to first dismiss the ones that do not apply. a. The court could not have used the Ultramares doctrine because GKCO was not in privity relationship with the bank or any other third parties. b. The use of Section 552 of the

all heights. So that’s a clear form of deception by the salesperson. Because when Luis use his lawnmower for the first time he expected this brand-new lawnmower to work properly and live up to his expectation. Even though it is a new lawnmower its performance and everything that being said about it was not true. And Luis found out about all this when he used the lawnmower for the first time in late April. So clearly there is a breach of UCC Sec. 2-313 “express warranty” and the UCC Sec 2-315 “implied

requirement has been satisfied) and delivered to the donee. A bill of sale is another way of selling goods and can be used to create a security right in goods. The execution of a bill of sale causes legal ownership of the goods to pass to the buyer. Most jurisdictions require the registration of bills of sale and other security documents creating security rights to goods or property (see relevant provisions of the Bills of Sale and

music is legal or not. A recent ruling, Capitol Records, LLC v. ReDigi Inc., confirmed that it is illegal; however, this view is patently inaccurate and reselling used digital music with the correct precautions is almost definitely legal (Villasenor). First, background information on ReDigi Inc., a major reseller of used digital music that, four years ago, was shut down because of the ruling, and Capitol Records, LLC v. ReDigi Inc. (with ReDigi’s great argument examined deeply) must be reviewed before

The doctrine of in-fact implied contracts is a contract that an agreement exist between two parties. There is three elements needed when defining something as an in fact implied contract. The first is that the plaintiff provided property or service to the defendant. Wrench LLC did so for taco bell. They provided art work ups of the Pyscho Chihuahua character. A character Wrench LLC lawfully trademarked and owned. Wrench LLC believed taco bell was using the art work as a sample for future works they

marked the beginning of the Protestant Reformation, which changed the course of Christianity forever. He was a powerful man of God, who reformed the corrupt Catholic Church, rediscovered the Living Word of God, and restored many authentic Christian doctrines. Luther was a man who changed the world. Martin Luther was born in Eisleben, Germany on November 10, 1483 to a middle-class family. During his childhood, two of his brothers died by a plague. Soon after his birth, his family moved to Mansfield because