Yeah, maybe cross-border copyright shouldn't even exist... I don't see anything in the constitution about enforcing international copyright law within the United States. And even if it is part of an agreement with another country, it still can't violate the constitution, so the imported IP laws still have to encourage creation, right? Or are we not textualists? :-)
Frankly, I don't really care whether it's legal/constitutional or not. I'm more worried about whether it's a good idea. And if free trade is a good idea, then I see no problem with what the defendant did.
So Wiley charges more in Thailand, big deal. That just means that the Thai publishing industry will have more of an advantage.
Markets are (in theory) dynamic all the time, not just when it is convenient for the big boys.
>so the imported IP laws still have to encourage creation //
International treaties [arguably] do this by providing access for local producers of works to an international market. If you're a major media exporter then gaining protection in other states is going to be a net benefit even though you have to agree to protect foreign works to do that.
>if free trade is a good idea, then I see no problem with what the defendant did //
It's a big "if". Are there any states that truly stand behind free trade?
Frankly, I don't really care whether it's legal/constitutional or not. I'm more worried about whether it's a good idea. And if free trade is a good idea, then I see no problem with what the defendant did.
So Wiley charges more in Thailand, big deal. That just means that the Thai publishing industry will have more of an advantage.
Markets are (in theory) dynamic all the time, not just when it is convenient for the big boys.