Topic Archives: first sale

Kirtsaeng v. John Wiley and Sons: Jet Lag and the First Sale Doctrine

The Supreme Court recently handed down its decision in Kirtsaeng v. John Wiley & Sons, a copyright exhaustion case concerning the sale of “gray-market” works published outside the United States and imported for sale.  In a surprisingly decisive 6-3 decision, … Continue reading

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Costco Wholesale Corporation v. Omega, S.A.: Extraterritorial Applicability of the First Sale Doctrine

In the Ninth Circuit decision of Omega, S.A. v. Costco Wholesale Corp., the court ruled that the first sale doctrine does not apply to imported works manufactured abroad. Costco appealed, and oral arguments before the United States Supreme Court took … Continue reading

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Vernor v. Autodesk: Ninth Circuit test for distinguishing software owners from licensees

On Friday, the Ninth Circuit clarified its test for determining whether a software purchaser is a licensee or an owner of the purchased copy in Vernor v. Autodesk, Inc. The result affirms the ability of software publishers to restrain licensees’ … Continue reading

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