Judge, Jury & Executioner - Copyright Law

  • Aired:  11/26/12
  •  | Views: 44,903

The Supreme Court considers the case of Supap Kirtsaeng v. Wiley & Sons, a textbook copyright suit about textbooks. (5:14)

OLD-FASHIONED.

NOW FOLKS, JUSTICE MAY BE BLIND BUT I'M NOT.

I'M PRETTY SURE SHE'S WEARING SPANX UNDER THAT ROBE.

THIS IS JUDGE, JURY AND EXECUTIONER.

TONIGHT, FOLKS, COPYRIGHT LAW.

THE SUPREME COURT IS CURRENTLY CONSIDERING THE CASE OF SUPAP KIRTSAENG THE WILE YA SONG, IT A TEXTBOOK

COPYRIGHT CASE IN THAT IT IS A COPYRIGHT CASE ABOUT TEXTBOOKS.

JIM.

>> MR. KIRTSAENG IN 1997 MOVED FROM HIS NATIVE THAILAND TO ATTEND CORNELL UNIVERSITY.

TEXTBOOKS ARE SOLD IN THAILAND FOR JUST A FRACTION OF THE COST.

SO HE GETS HIS FAMILY AND FRIENDS TO BUY THOSE TEXTBOOKS IN THAILAND AND GUESS WHAT, SHIP THEM TO HIM

IN CORNELL UNIVERSITY.

HE SELLS THEM ON eBAY AND MAKES, GET THIS, $1.2 MILLION IN PROFITS.

>> WHAT?

>> Stephen: 1.2 MILLION DOLLARS, IT THAT TEXTBOOK PRICE, THAT HAS TO BE LIKE

EIGHT BOOKS.

BUT ACADEMIC PUBLISHER WILEY AND SON SUED SIT KAENING-- KIRTSAENG SAYING THEY OWN THE COPYRIGHT OF

THAT RESOLD MATERIAL DESPITE A 1908 COURT DECISION WHICH ESTABLISHED THE FIRST SALE

DOCTRINE WHICH SAYS THAT AFTER A BUYER FIRST PURCHASES A COPYRIGHTED WORK HE OR SHE HAS THE RIGHT TO

RESELL IT.

I'M SORRY, I DON'T BUY THIS FIRST SALE ARGUMENT.

AND IF I DID BUY IT I WOULD NOT RESELL IT.

(LAUGHTER) BECAUSE I DON'T HAVE THE RIGHT.

YEAH.

DAMN STRAIGHT.

AND I DON'T EVEN KNOW WHAT NEVER'S CLAPPING FOR.

(LAUGHTER) BUT GOD HELP US, IF THE U.S.

SUPREME COURT DOES OVERTURN THE RIGHT OF FIRST SALE.

>> YOU ARE HEARING A CASE THAT IF THEY RULE ONE WAY WOULD SAY TO US, WE THE

PEOPLE, HEY, YOU CAN'T SELL YOUR OWN STUFF.

>> IT WOULD ALMOST MAKE eBAY ILLEGAL.

>> Stephen: eBAY ILLEGAL?

THAT COULD DESTABILIZE THE GLOBAL MARKET IN WELCOME BACK KOTTER BOARD GAMES.

BUT DON'T WORRY.

EVEN IF THE SUPREME COURT SIDES WITH WILEY AND SONS T WOULDN'T MEAN YOU CAN'T SELL ANYTHING.

THE COURT HAS RULED THAT THE RIGHT OF FIRST SALE APPLIES TO ANY PRODUCT MANUFACTURED

IN THE UNITED STATES.

SO YOU ARE FREE TO RESELL ANYTHING STILL MADE IN AMERICA LIKE YOUR TRUCK OR YOUR METH.

AND YOU WOULD BE ABLE TO RESELL ANYTHING MADE OVERSEAS AS LONG AS YOU HAVE THE PERMISSION OF THE

ORIGINAL COPYRIGHT HOLDER.

FOR INSTANCE, I AM HAVING A GARAGE SALE THIS WEEKEND.

SOME OF THE STUFF WAS MADE OVERSEAS, SO I AM SIMPLY CALLING ALL THE COPYRIGHT HOLDERS TO WORK OUT A PROFIT

SHARING ARRANGEMENT.

HERE WE GO.

OKAY.

>> -- .

>> Stephen: ELVIS COSTELLO, IT'S STEPHEN COLBERT.

>> STEPHEN, HOW ARE YOU?

>> Stephen: WELL, I'M OKAY, ELVIS.

BUT I'VE GOT A PROBLEM.

>> OH, GRACIOUS, HOW I CAN HELP?

>> Stephen: WELL, ELVIS, I'M HAVING A GARAGE SALE TOMORROW.

>> A GARAGE-- OH, A GARAGE SALE, OH, DOW NEED ANY HELP SETTING UP TABLES.

CAN I BE THE CASHIER, I DO LOVE COUNTING MONEY.

>> Stephen: NO, I'M SORRY, ELVIS, STING IS GOING TO BE THE CASHIER.

NO, I'M JUST CALLING BECAUSE I WANT TO ASK YOUR PERMISSION TO RESELL MY OLD COPY OF MY AIM IS TRUE.

>> WELL, OBVIOUSLY, WE'RE FRIENDS BUT I HAVE GOT TO GET MY BACK WET ON THIS.

WHAT KIND OF MONEY ARE WE TALKING ABOUT?

>> Stephen: I'M GOING TO PUT IT IN THE DOLLAR BIN.

>> I'M HONORED.

WAS'S MY TAKE.

>> Stephen: I'M OFFERING YOU 12 CENTS.

>> STEPHEN, THAT IS MY DEBUT ALBUM.

IT'S-- TO THE DEADENING OF ROMANTIC DREAM ITS AND AN IRREPLACABLE MOMENT IN MY YOUTH.

I WANT 15 CENTS.

>> Stephen: I'LL GIVE YOU 14.

>> 14 AND THROW SOMETHING IN FROM THE GARAGE SALE.

>> Stephen: LIKE WHAT?

>> A USED BUN DT PAN.

>> Stephen: A USED BUN DT PAN?

I'M SORRY, ELVIS, THE BEST I CAN DO IS A DENTED MIFF INTIN.

>> SOLD!

YOU FELL FOR MY TRAP.

I ALREADY HAVE A BUN DT PAN.

>> Stephen: YOU SON OF A BITCH.

>> HAVE FUN WITH STING.

>> Stephen: WELL-- HELLO?

(CHEERS AND APPLAUSE) WELLING THAT'S DONE.

OF COURSE NOW I JUST TO FIND MARCONI'S NUMBER SO I CAN SELL MY CLOCK RADIO.

WE'LL BE RIGHT BACK.

Loading...