From our private database of 14,100+ case briefs...
Kirtsaeng v. John Wiley & Sons, Inc.
United States Supreme Court
113 S. Ct. 1351 (2013)
John Wiley & Sons, Incorporated (Wiley) (plaintiff) published academic textbooks in the United States and abroad. Books printed in Asia were licensed to a foreign subsidiary and then manufactured and sold throughout Asia. The copyright notice on the foreign books stated that the books were only authorized for sale in Europe, Asia, Africa, and the Middle East. Supap Kirtsaeng (defendant) moved to the United States for college and stayed through completion of a PhD program. While living in the United States, Kirtsaeng had friends and family in Thailand purchase English language textbooks legally sold in Asia and ship the textbooks to Kirtsaeng. Kirtsaeng then sold the books at a lower cost than the United States editions. Wiley sued Kirtsaeng for copyright infringement based on Wiley’s exclusive right to distribute the copyright protected works. The district court held that the defense of the first-sale doctrine did not apply, because the textbooks were manufactured outside of the United States. On appeal, the majority opinion of the circuit court panel held that the first-sale doctrine did not apply to copies of American works manufactured outside of the United States. Kirtsaeng petitioned for certiorari, which was granted.
Rule of Law
Holding and Reasoning (Breyer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.