[A2k] Recap of SCOTUS oral arguments in Kirtsaeng v. Wiley & Sons (first sale case)

Krista L. Cox krista.cox at keionline.org
Mon Oct 29 13:59:10 PDT 2012

On Monday, 29 October 2012, the Supreme Court of the United States heard
oral arguments in the first-sale doctrine case,*Kirtsaeng v. John Wiley &
Sons*. This case involved the petitioner, Kirtsaeng, purchasing lawfully
made copies of the books from Thailand and reselling these books in the
United States. John Wiley & Sons asserted, and the Second Circuit agreed,
that the first sale doctrine applies only to copies manufactured in the
United States and does not apply to foreign made goods.
During oral arguments, Joshua Rosenkranz argued on behalf of the
petitioner. Former Solicitor General, Ted Olson argued on behalf of the
respondent, John Wiley & Sons, but ceded a portion of his time to the
Solicitor General's Office. Malcolm Stewart argued on behalf of the
Solicitor General and encouraged the Supreme Court to adopt a "middle
ground" between Kirtsaeng's and Wiley & Son's positions.

More information, including highlights from the argument, available here:

Krista L. Cox
Staff Attorney
Knowledge Ecology International
(202) 332-2670

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