News
U.S. Supreme Court Upholds 1st-Sale Doctrine on Imports
posted on by Lynzee Loveridge
The U.S. Supreme Court found in favor of University of Southern California graduate student Supap Kirtsaeng on the issue of "gray market" or "parallel market" imports — imports that are unauthorized by the original maker, but are not necessarily illegal.
Kirtsaeng helped make ends meet by requesting his family in Thailand to send him internationally manufactured textbooks. He then resold the books on eBay to American buyers for profit. John Wiley & Sons, whose Asian arm published a number of the items sold by Kirtsaeng, filed an infringement suit in a Manhattan federal district court in 2008. A jury agreed with John Wiley & Sons, finding Kirtsaeng liable for US$600,000 dollars in damages for infringement on eight works. Court records show that Kirtsaeng's profit was approximately US$100,000 and the defendant ending up forfeiting personal property to pay for the damages.
Kirtsaeng took the matter to the U.S. Supreme Court who found in favor of the first sale doctrine in a 6-3 vote. In his opinion to the court, Justice Stephen Breyer said that the publisher lost any ability to control what happens to its books after their first sale abroad.
Thanks to Faceman for the news tip.
