Will we remain the right to sell our stuff?

The Supreme Court is now considering a case with profound implications.  In Kirtsaeng v. Wiley, the argument is what restrictions there will be on the "first sale" doctrine--which is the basis of the right to sell or lend copyrighted items that we own.  This doctrine is monumental, and it is what allows sites like Ebay and Craigslist to operate.  It makes sure that copyright holders can't deny you the ability to sell things like CDs and electronic devices that you've legally purchased.

How did this case come up?  Well, many students have recognized that textbooks are cheaper abroad than they are here in the United States.  While the international editions may be more cheaply made, the price difference can easily be half the cost of the work (or more).  Consequently, many international students studying in the US choose to purchase their books in their home countries rather than here.  This simple tactic helped make college a more affordable adventure.  Some students realized that they could purchase textbooks in mass in other countries, bring them to the United States, and resell them.  This, in fact, is precisely what spawned Kirtsaeng v. Wiley.  Thai student Supap Kirtsaeng established a business where he purchased textbooks in his native country, brought them to the United States, and then resold them at a profit.  Wiley, the publisher of the books, alleges that this violates copyright law.  Publishers argue that different pricing schemes are vital to their success, while Kirtsaeng argues that he legally purchased the books and has done nothing wrong.  Kirtsaeng has attracted the support of Ebay, Goodwill, and even libraries.  Wiley, meanwhile, has attracted the support of other publishers, software companies, and the entertainment industry.

In essence, publishers are trying to get every sale classified as a mere license agreement; in order to transfer the item to a new person, there would have to be a new license agreement with the manufacturer.  The implications of this are horrendous: what you purchase, you don't actually own.  That movie you bought?  It's actually just licensed from the studios, for your use only.  That textbook?  Licensed.  Should Wiley win, it's entirely probable that copyright holders would impose stringent restrictions on the resale of their works.

It's shit like this that makes The Pirate Bay appealing.  I hate supporting a company that behaves this arrogantly.