News and Views

ORI ENDORSES CONGRESSIONAL MOBILE DEVICE UNLOCKING LEGISLATION

“ORI is thrilled to endorse the “Unlocking Technology Act” — bipartisan legislation that will permanently free mobile devices for their owners to use as they see fit.  We commend Representatives Lofgren, Massie, Eshoo and Polis for working towards a permanent solution to this problem.  Cellphones and other devices are no longer a luxury but now an essential tool for nearly all Americans.  We rely on them not just for surfing the web but for staying connected to our families, our jobs and our friends.  As such we should have the right to do with what we own as we will.  …

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ORI Applauds Farenthold-Polis YODA Legislation

February 10, Washington, D.C. – The Owners’ Rights Initiative (ORI) issued the following statement today regarding introduction of the “You Own Devices Act” by Congressmen Blake Farenthold (R-TX) and Jared Polis (D-CO). Executive Director Andrew Shore made the following statement: “YODA addresses the growing problem where rights’ holders are controlling downstream distribution of their products by separating the essential software from the physical good. They are claiming that the software is licensed while the good owned. This is a ridiculous argument in a world where more and more goods require software to function.” “Congressmen Farenthold and Polis are true leaders …

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You Can’t Misuse Copyright to Thwart the First Sale Doctrine

Writing for the Court of Appeals for the Ninth Circuit, Judge Kim Wardlaw affirmed the district courts decision requiring Omega to pay Costco nearly $400,000 in attorney’s fees for misusing their copyright to thwart the First Sale Doctrine.  Omega had initially sued Costco for importing watches into the United States without their permission in alleged violation of the Copyright Act.  The decision in Wiley v. Kirtsaeng barred Omega’s claim because there would be no international exhaustion of the First Sale Doctrine.  As ORI has always held, once the rights’ holder has been paid, their downstream control of the good ceases.  …

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