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Kirtsaeng v. John Wiley & Sons, Inc.

United States Supreme Court
133 S. Ct. 1351 (2013)


Supap Kirtsaeng (defendant) purchased text books written in English in Thailand. The books were published by John Wiley & Sons, Inc. (Wiley) (plaintiff) and printed outside of the United States. Kirtsaeng imported the books into the United States for resale. Wiley sued in the United States District Court for the Southern District of New York for violations of the Copyright Act of 1976 (the Act). Kirtsaeng raised a first-sale doctrine defense under the holding of Quality King Distributors, Inc. v. L’anza Research International, Inc., 523 U.S. 135 (1998) (Quality King). The district court ruled that the first-sale defense did not apply to goods produced outside the United States. The court of appeals affirmed. Kirtsaeng appealed, and the United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Breyer, J.)

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