U.S. Supreme Court
Apr. 5, 2013
US high court rules 'first sale' doctrine applies to gray-market goods
In a 6-3 opinion authored by Justice Stephen Breyer, the U.S. high court found that Section 109(a) of the Copyright Act has no geographical limitation. By Timothy J. Toohey
A couple of weeks ago I moderated a lively debate about the first sale doctrine and "gray-market" goods at the USC IP Institute in Beverly Hills. The debate centered on the case of Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, then pending before the U.S. Supreme Court, and whether the petitioner, Supap Kirtsaeng, was liable for copyright infringement for reselling in the U.S. textbooks published by Wiley that were fi...
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