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Saiko Saibansho Daiichi Sho Hotei [Supreme Court First Petit Bench], April 25, 2002

Heisei 13 (Ju) no. 952, 56 Saiko Saibansho Minji Hanreishu [Minshu] 808 (2002)

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Saiko Saibansho Daiichi Sho Hotei [Supreme Court First Petit Bench], April 25, 2002

Japan Supreme Court
Heisei 13 (Ju) no. 952, 56 Saiko Saibansho Minji Hanreishu [Minshu] 808 (2002)

Facts

A video-game system was sold to customers on the retail market. The holders of copyrights in the system’s software (the copyright holders) (plaintiffs) brought an action to enjoin the secondhand sale or assignment of the software. The court ruled against the copyright holders, holding that the right to control distribution was exhausted when the video-game system was initially placed on the market. The copyright holders appealed to the Supreme Court of Japan.

Rule of Law

Issue

Holding and Reasoning (Ijima, Fujii, Machida, Fukazawa, Yookoo, J.J.)

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