What they don't know...

[Jer]

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

IANAL, but I'm fairly certain that they did that when they sold the book to the bookstore. The store then entered into a civil contract not to distribute the books before the street date. Otherwise it would violate the first sale doctrine and would imply that Wizards had the power to stop me from selling my legally purchased books to a used bookstore for resale. While many companies would LIKE to have that power, current US law says that they don't have it.

The relevant bit is in Title 17, Section 109 (which modifies the bolded bit above in its first sentence):

Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.

The bookstore owns the copies that they've purchased. By first sale doctrine they can sell them whether Wizards wants them to or not. What may have been violated is a civil contract between the publisher and the retailer - an agreement to hold to a "street date" for sale of the book. The remedy would therefore occur in civil court, not criminal court.

 

[Reaper Steve]

I think it could just be chalked up to supporting the troops. Be safe, Reaper Steve!

Thanks!

OK, I don't feel guilty anymore. I didn't coerce or trick them into selling me a book against their will.

Besides, WotC actually profits from this. I only intended to get one copy of each book, but now I've bought a PHB and I'm still buying the full gift set.

Right then... I'm off to dream up a Dragonborn Warlord and a Tiefling Infernal Warlock!

 

[Michael Dean]

Thanks!

OK, I don't feel guilty anymore. I didn't coerce or trick them into selling me a book against their will.

Why would you feel guilty? Nifft was right; there's no crime involved here on anyone's side. It's a contract violation between the seller and WOTC at worst, and it's not like the seller was deliberately violating the agreement; it was just a mistake by the employee. WOTC has better things to do with its time than chasing the incidental cases like this; like say, going after buy.com for wholesale violation of the street date.

 

[Family]

In the grand tradition of 4e piracy threads I declare:

 

[RBM]

I'll have to check at work tomorrow, but I don't think the 4e books have a strict-on-sale date. If so, there was no contract violation.

 

[TarionzCousin]

Right then... I'm off to dream up a Dragonborn Warlord and a Tiefling Infernal Warlock!

And then to post them here, right?

 

[pawsplay]

IANAL, but I'm fairly certain that they did that when they sold the book to the bookstore. The store then entered into a civil contract not to distribute the books before the street date. Otherwise it would violate the first sale doctrine and would imply that Wizards had the power to stop me from selling my legally purchased books to a used bookstore for resale. While many companies would LIKE to have that power, current US law says that they don't have it.

Several things.

1) When a bookstore receives books, usually royalties have not paid. Unsold books are taken back and destroyed. Royalties are paid on sale. So the books are perhaps not really, truly sold. I don't know. Ask a lawyer.

2) Imagine I were a print company. WotC orders one billion books printed. I print them. I sell them early. One day later, WotC announces I will not be their printer after all. Oops! Then, feeling spiteful, I sell off my remaining stock, since they were authorized to be printed in the first place.

3) I buy a piece of software. I click "Agree" that I will not use a second copy on another computer. I do it anyway, citing fair use, since I can only use it on one computer at a time.

4) I buy a movie. It's mine. I hold a public performance. Motion picture industry gestapo kick down my door and attack me.

As nearly as I can tell, it's up to WotC to decide when the copies are authorized to be distributed. Until then, the IP is not anyone else's to distribute.