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New First-Sale Doctrine Case at SCOTUS

The Center for Democracy and Technology has this report on Kirtsaeng v. Wiley.

Kirtsaeng v. Wiley centers on the actions of Kirtsaeng, a Thai graduate student attending the University of Southern California, who lawfully bought copyrighted textbooks in Thailand, brought them to the U.S. and resold them on websites such as eBay. Publisher John Wiley & Sons, Inc. owned the copyright on eight of those textbooks. Wiley sued, alleging violations of its exclusive rights of importation and distribution. Kirtsaeng raised the doctrine of first sale in defense, claiming that his lawful purchase barred copyright liability.

The outcome of this case could impact the resale markets for any product that is eligible for copyright protection- books, movies, music, software, the works.

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