Omega Supreme
Court Tells Omega Copyright Is Not A Sword; Rejects Attempt To Control Grey Market As Copyright Misuse (Techdirt)
You may recall our earlier stories concerning the legal fight between Costco
and watchmaker Omega. In an attempt to stop grey market (legal, official
products, but resold into a market not intended by the manufacturer) sales of
one of its watches, Omega put a tiny 0.5cm engraving on the back of its
watches, and claimed copyright on it. This had absolutely nothing to do with
the incentive to create that tiny engraving, or because that engraving had
value or was special in any way. It served one purpose only: to try to abuse
copyright law to control the market.
Omega then claimed that Costco selling (legitimate) secondhand Omega watches
that were bought from other sources was _copyright infringement_. We thought
this was a crazy claim and pointed out two problems with it under the law. The
first was that it seemed like copyright misuse, and second that it appeared to
violate the first sale doctrine, allowing you the right to sell copyright-
covered products you legally bought. The district court tossed out the case on
the first sale question, but unfortunately, the appeals court overturned, with
really convoluted reasoning. Since, US copyright law says first …
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Omega $7.99 A civilization-destroying omega cloud has switched direction, heading straight for a previously unexplored planetary system–and its alien society. And suddenly, a handful of brave humans must try to save an entire world–without revealing their existence. |
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This entry was posted on Friday, April 1st, 2011 at 3:01 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.