From: "Smith, Kevin L" <[log in to unmask]>
Date: Tue, 6 Dec 2016 13:54:35 +0000

In the U.S., the Supreme Court ruled in Kirtsaeng v. John Wiley, Inc.
that editions made and purchased outside of the U.S. were subject to
the first sale doctrine in U.S. law, which allows free circulation of
a specific instance of a work once it has been purchased lawfully.  My
guess is that, with this notice, the publisher hopes to suggest that a
purchase with the intent to circulate the work outside of these
countries would not be lawful and therefore the work not subject to
first sale in countries like the U.S.  The Supreme Court also ruled,
many years ago in Bobbs Merrill v. Straus that a notice like this in a
book, that attempted to alter the terms of the first sale doctrine,
was invalid.  So my best guess is that it would still be legal to
circulate this item in the U.S., as long as the copy purchased was not
a pirated edition.

Kevin L. Smith, J.D.
Dean of Libraries
University of Kansas


From: Gibbons, Dennis <[log in to unmask]>
Date: Fri, Dec 2, 2016 at 1:07 PM

We have purchased a book on Amazon that bears this statement:

“This edition is manufactured in India and is authorized for sale only
in India, Bangladesh, Bhutan, Pakistan, Nepal, Sri Lanka and the
Maldives. Circulation of this edition outside of these territories is
UNAUTHORIZED.”

Who has authorized the sale and distribution?

Is the authority legal or moral?

Thanks,
Dennis

DENNIS GIBBONS
COLLECTION DEVELOPMENT, TCU LIBRARY
TCU BOX 298400
FORT WORTH, TX 76129
(o) 817-257-7312
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