No Need To Worry About Controversial Supreme Court Decisions
If you are a writer owning copyrights to your works, you still have a reason to be worried because your work can be purchased and resold online by a third party.
This was evident from the recent American Supreme court ruling in favor of Supap Kirtsaeng who according to Kirtsaeng v. John Wiley & Sons had infringed the laws governing copyrighted textbooks.
This Thailand and ex-American student was engaged in purchasing and reselling textbooks published by John Wiley & Sons.
Despite the feeling that copyrights laws gave copyright holders mandate to determine when their works are imported especially to America, the Supreme Court ruled against these feelings.
From the ruling, the right of first sale was recognized and you should be aware of this scenario to avoid falling into the same circumstance when you realize that your buyers have resold your copyrighted works.
Regardless of your location on this earth but still connected through the internet, the laws governing copyrights and internet use, will affect you.
They are implemented by the U.S Supreme Court and you ought to understand how American court system works because it affects your daily live especially if you are an online marketer.
The Federal Courts are responsible for dealing with copyright and patent cases. The U.S court system, takes a pyramid structure besides the outside courts like international trade, bankruptcy and veterans appeal courts.
At the bottom of the pyramid are the District courts which are scattered all over the country.
Cases are filled and heard and tried by either judges or a jury. The ruling of this courts are relevant in particular districts where they are situated in that; a similar case from a different district can have a different ruling depending on how the ruling is applied.
The next level is the U.S Court of appeal where some parties who may wish to appeal from the ruling of the district courts find themselves.
These courts are broken into eleven circuits covering all the districts. The decision and ruling of these courts are made by a panel of judges.
Their ruling is superior to that of the districts under the particular districts. The same issue can be ruled differently in the neighboring circuit depending on the findings of the case.
Upon dissatisfaction of any parties, one can decide to move one step forward into the Supreme Court.
The Supreme Court is selective on cases it takes in order to reserve more time to listen to cases where there is a constitutional issue or where circuits rule differently on a matter and where circuits appear to split.
The ruling from the Supreme Court is final to any earlier ruling and ant district and appeals court’ ruling ought to be aligned with it.
How crucial is the Supreme Court?
The Supreme Court is authoritative because of its precedence. The District and courts of appeal look up to it to ensure that their ruling does not contradict any earlier ruling from the Supreme Court.
In short, it is the most valuable resource that shapes all decisions made by circuits and district courts because they are made in reference to those made in the past by the Supreme courts.
It determines who wins or losses at every level by finding parallels or differences in regard to earlier Supreme Court ruling.
How does it affect you?
American citizens, those working online and companies based or operating within America have to be worried about Supreme Court rulings because they affect their daily lives.
This is because these ruling drastically impact people’s way of life and many international organizations and companies.
U.S hosts much of the internet (Facebook), or has the internet passing through its companies (Google) and it is selling in the U.S (Amazon). This means that the ruling of the Supreme Court affects every individual in online business.
For instance if the Supreme Court could have ruled in favor of John Wiley & Sons, reselling of legally bought copyrighted works could have become illegal hence affecting millions of people engaged in such business.
The effects could in turn affect the eBay and Amazon because of their expertise in providing market places for such works and eventually cripple resellers.
In short, any change in the legal climate in the U.S is likely to affect the world as long as a lot of internet and its largest companies are situated in America. Be aware of any legal matters that might affect your working.
All in all, the Supreme Court is an integral part of the legal process that has the mandate to implement the law and interpret it.
It is rare to have rulings from the Supreme Court that affect rules that affect every individual but they can lead to clarity about some issues. The decisions become footnotes to the media if they do not contain any controversial issues.