Reconsidering 1st-Sale Rule's Application To Gray Market

Law360, New York (May 8, 2012, 1:20 PM EDT) -- On April 16, 2012, the U.S. Supreme Court granted certiorari in the case John Wiley & Sons Inc. v. Kirtsaeng d/b/a Bluechristine99,[1] suggesting that the high court will decide a critical issue that it left unresolved a year ago due to a 4-4 split in Costco Wholesale Corp. v. Omega SA[2]: whether the first-sale doctrine in copyright law applies to copies manufactured outside of the United States, known as “gray market” goods.

The first-sale doctrine, codified in Section 109(a) of the Copyright Act (Section 109(a)), provides...
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