Re: [ARSCLIST] Fw: [78-l] (Fwd) Naxos Wins LandmarkCaseAgainstCapitol/EMI

[James L Wolf <jwol@xxxxxxx>]

Mike,

   To clarify, you're saying it's not illegal to buy a Naxos Met CD
from a UK web-site (buying in the country where sale is legal) and then
have them ship it to the US. But this isn't the case for items like say,
Cuban cigars. It's just plain illegal to bring them into the US as an
item for sale, no matter where they've come through, such as Canada. Why
are forbidden CDs different, especially when a sale (via Amazon UK) is
completed only when they arrive at the proper US destination? Any decent
lawyer could argue that this is a sale in the US. In the global economy,
"Not for sale in the United States" has to mean something other than,
"not available from American distributors but go ahead and buy it from
an our other on-line site with a server in a different country." Or does
it?
  That said, and getting back to the original topic, the Metropolitan
Opera, in restricting Naxos's sales as much as they did, have shown
their intent to protect their copyrights in the US. The "grey market" of
people hopping over to Amazon UK and subverting the intent of the state
laws means much less in this case than the gesture of protection. The
Met doesn't need to care that much about this grey market because their
larger US interests remain protected.

James

>>> mrichter@xxxxxxx 06/11/03 11:49AM >>>

Probably, no one. It's not illegal to import such material. In other
fields, it's considered "gray market". It certainly is not illegal to
sell
it in a country where its sale is legal. (Boy, talk about a
tautology!)


Mike
mrichter@xxxxxxx
http://www.mrichter.com/