[quote=sdduuuude]It can’t be copyright infringement. There is no copy being made.
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Look up “first sale doctrine.” Resale of a copyrighted work is OK only because there is a law that says it’s ok. Copyright law has been around for 300 years, but the “first sale” exception has only been around since the early 1900s. At issue is whether the first sale doctrine applies to goods manufactured overseas. “Subject to certain limitations, a copyright owner has the exclusive right to . . . . distribute copies of the work to the public by sale, donation, rental, or lending;” (Harvard University Office of the General Counsel)
People don’t realize how amazingly broad Copyright law is. Most people engage in copyright infringement every day.
I do agree with your economic analysis. Plus, there is the likelihood that upholding the lower court’s finding would drive manufacturing overseas. Not a desirable result.