In a nutshell, Mr. Kirtsaeng is a college student bought some textbooks overseas (where they are cheaper) and then sold them here in the US on Ebay. The US publisher of these books (John Wiley & Sons, Inc.) is crying 'copyright infringement' and has taken this all the way to the Supreme Court.
I'm sorry. If you want a 'free market' then it's gotta be free for everybody. These companies reserve the right to ship our jobs to china then I reserve the right to buy my shit directly from China where I can get it cheaper. It's as simple as that. Badda-bing-badda-boom. Below is my letter to the Supreme Court instructing them to rule in favor of Mr. Kirtsaeng. If you're curious, you can read more details of the case here.
Dear Honorable Justices:
Regarding Kirtsaeng v. John Wiley & Sons I expect you to rule on the side of greater liberty for Americans rather than less. I have looked into the case and I feel there is nothing wrong with Mr. Kirtsaeng’s actions. As a matter of fact, his actions are a perfect illustration of the free market at work. If he can provide the same merchandise for less than a domestic publisher then it is an opportunity for the domestic publisher to price their merchandise more competitively.
Ruling on the side of John Wiley & Sons will set a dangerous precedent and one that, I am sure, the American people will refuse to abide with. Such a ruling would result in unnecessary litigation and taxpayer expense. Where do you choose to draw the line regarding the right of an individual to sell used goods? Are you going to use taxpayer dollars to police flea markets and garage sales? When Mr. Kirtsaeng purchased those books abroad, the copyright holder was duly compensated per the laws of the country in which they were purchased. It is the responsibility of the copyright holder to judiciously sell the foreign rights to his or her work and if a domestic publisher is left out in the cold then they simply have to man up to the economic realities. If it is acceptable for individuals to be outsourced then it is certainly acceptable for companies to be outsourced as well.
I do not believe Americans will endure a government that reserves the right to persecute them for selling their old books and junk at the local church rummage sale. I urge you to review this article by Jennifer Waters in ‘The Liberty Crier’ http://libertycrier.com/government/your-right-to-resell-your-own-stuff-could-become-illegal/. Consider very carefully the possible repercussions of your ruling.
Sometimes the price we must pay for our freedoms is to endure the freedoms enjoyed by others.
This is a cut-and-dried, black-and-white issue. When in doubt, I expect you to err on the side of individual liberty and to protect the liberties of the individual against the machinations of a corporate entity such as a domestic publishing company. Read your Constitution.