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 ***** Pippa Smart Research Communication and Publishing Consultant PSP Consulting Oxford, UK Tel: +44 1865 864255 or +44 7775 627688 email: [log in to unmask] Web: www.pspconsulting.org @LearnedPublish **** Editor-in-Chief of Learned Publishing: www.Learned-Publishing Editor of the ALPSP Alert: http://www.alpsp.org/ALPSP-Alert **** 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]