From: Pippa Smart <[log in to unmask]>
Date: Wed, 7 Dec 2016 10:12:13 +0000

I agree with all that has been said - but was the edition that you
purchased, Denis, sold as a second-hand version, or as a "new"
version? This would affect the legality of the version that you have
purchased I think (as I remember that Kirtsaeng argued that he made it
clear they were second-hand copies to make use of the First Sale
doctrine) - can others comment?

Pippa

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On 7 December 2016 at 00:52, LIBLICENSE <[log in to unmask]> wrote:
>
> 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
> [log in to unmask]