Gladding St 2016 The Creative Arts in Counseling Wiley 5th Ed
| Kirtsaeng five. John Wiley & Sons, Inc. | |
|---|---|
 Supreme Court of the United States | |
| Argued Oct 29, 2012 Decided March 19, 2013 | |
| Full case name | Supap Kirtsaeng, dba Bluechristine99, Petitioner v. John Wiley & Sons, Inc. |
| Docket no. | 11-697 |
| Citations | 568 U.S. 519 (more) 133 S. Ct. 1351; 185 Fifty. Ed. 2d 392; 2013 U.South. LEXIS 2371; 106 U.S.P.Q.2d 1001; 2013 ILRC 1487; 35 ILRD 648; 35 ITRD 1049; 41 Med. Fifty. Rptr. 1441; 81 The statesFifty.W. 4167 |
| Stance announcement | Opinion announcement |
| Case history | |
| Prior | Defendant prohibited from raising statement, No. 1:08-cv-07834, 2009 WL 3364037 (S.D.Due north.Y. October. 19, 2009) and held liable, unreported (2010); affirmed. 654 F.3d 210 (2nd Cir. 2011); cert. granted, 566 U.S. 936 (2012). |
| Subsequent | Remanded, 713 F.3d 1142 (2nd Cir. 2013); motion for attorneys' fees denied, 109 UsP.Q.2d 1242 (S.D.N.Y. 2013); affirmed, 605 F. App'x 48 (second Cir. 2015); cert. granted, 136 Due south. Ct. 890 (2016); vacated and remanded, 136 Due south. Ct. 1979 (2016); remanded, 653 F. App'x 82 (2d Cir. 2016); motion for attorneys' fees denied, 121 U.S.P.Q.2d 1457 (Southward.D.N.Y. 2016). |
| Property | |
| The first-auction doctrine applies to copies of a copyrighted work lawfully made abroad. Reversed and remanded. | |
| Court membership | |
| |
| Example opinions | |
| Majority | Breyer, joined by Roberts, Thomas, Alito, Sotomayor, Kagan |
| Concurrence | Kagan, joined by Alito |
| Dissent | Ginsburg, joined by Kennedy; Scalia (except Parts 3 and Five–B–one) |
| Laws applied | |
| Copyright Act of 1976 | |
Kirtsaeng five. John Wiley & Sons, Inc. , 568 U.S. 519 (2013), is a United states of america Supreme Court copyright determination in which the Court held, vi–3, that the start-sale doctrine applies to copies of copyrighted works lawfully made away.[1]
Background [edit]
In 2008, John Wiley & Sons, Inc. filed suit against Thailand native Supap Kirtsaeng over the sale of foreign edition textbooks made outside of the United States marked for sale exclusively abroad which Kirtsaeng imported into the United states.[2] [three] When Kirtsaeng came to America in 1997 to study at Cornell University, he discovered that Wiley textbooks were considerably more expensive to buy in the United states than in his home country. Kirtsaeng asked his relatives from Thailand to purchase such books at dwelling house and ship them to him to sell at a turn a profit. He sold the imported books on eBay, making $1.two million in acquirement, although the parties disputed the net profit amount.[4]
Wiley sued Kirtsaeng for copyright infringement and won in two lower courts. The 2d Circuit Court of Appeals upheld the ban on importation of copyrighted works without the authority of the U.South. copyright owner; this set a Circuit split up with the Third Circuit and the Ninth Circuit, which had had variant approaches to the same question in other cases.[5]
Kirtsaeng and then appealed to the Supreme Courtroom, which granted the writ of certiorari on April xvi, 2012. Oral statement was held October 29, and judgment was issued March 19, 2013.
Conclusion [edit]
In 2013, the U.Southward. Supreme Court reversed the Second Circuit and held that Kirtsaeng's sale of lawfully-fabricated copies purchased overseas was protected by the outset-sale doctrine. The Court held that the start auction doctrine applies to goods manufactured outside of the United States, and the protections and exceptions offered by the Copyright Act to works "lawfully made under this title" is not express by geography. Rather, it applies to all copies legally made anywhere, not merely in the The states, in accordance with U.South. copyright police force. So, wherever a copy of a book is commencement made and sold, information technology can be resold in the U.S. without permission from the publisher.[6]
Justice Stephen Breyer wrote the opinion of the courtroom which, was joined past five Justices (Roberts, Thomas, Alito, Sotomayor, and Kagan).[1] Justice Elena Kagan also wrote a divide concurring opinion, signed by Samuel Alito. Justice Ruth Bader Ginsburg dissented, joined by Anthony Kennedy and Antonin Scalia. Kagan's concurrence suggested that Congress could change the law to reverse the decision.[vii]
Reactions [edit]
In law, Kirtsaeng has had the outcome of causing a fresh await at the issue of "international exhaustion" in the patent context. The Federal Excursion in the 2001 Jazz Photo five. United states International Trade Commission case had held that lawful sales of patented goods exterior the United states of america did not give rising to patent exhaustion inside the U.S. In a 2015 order in Lexmark five. Impression Products, the Federal Circuit sua sponte (unprompted) called for briefing and amicus curiae participation in an en banc consideration of whether:
In light of Kirtsaeng v. John Wiley & Sons, Inc., 133 Southward. Ct. 1351 (2012), should this court overrule Jazz Photograph Corp. v. International Trade Commission, 264 F.3d 1094 (Fed. Cir. 2001), to the extent it ruled that a sale of a patented particular exterior the The states never gives rise to United states patent exhaustion.[8]
Similarly, an effort by academic publisher Pearson to control after-market textbook sales on the basis of trademark was dismissed, citing Kirtsaeng.[9]
In educational publishing, Wiley, the Kirtsaeng plaintiff that lost the case, increased its prices for the international editions besides as the international pupil editions and cited Kirtsaeng.[10]
The decision also had an outcome-formative effect on the long-pending dispute between Omega watches (a division of Swatch) and the retailer Costco. Whereas Omega had initially prevailed in the Ninth Excursion, the aforementioned manner that John Wiley had, the decision was reversed after the The states Supreme Court decided Kirtsaeng.[eleven]
Run into likewise [edit]
- Grey market place
- Quality King v. 50'anza, 523 U.Due south. 135 (1998) – same result, but for goods that were made in the U.S., exported, then re-imported
- Parallel import
References [edit]
- ^ a b Kirtsaeng 5. John Wiley & Sons, Inc., 568 U.S. 519 (2013).
- ^ "Complaint, John Wiley & Sons, Inc. v. Supap Kirtsaeng et al" (PDF). PacerMonitor. PacerMonitor. Retrieved 16 June 2016.
- ^ John Wiley & Sons, Inc. v. Kirtsaeng , 654 F.3d 210 (2nd Cir. 2011).
- ^ "Supreme Court to hear arguments in case of educatee who resold books". cnn.com. Retrieved 2015-11-16 .
- ^ Mandavia, Anji (2013-03-27). "The Supreme Courtroom Clarifies the Awarding of the "Outset Auction" Doctrine to Copyrighted Works Manufactured Abroad". The IP Police force Blog. Archived from the original on 2018-02-23. Retrieved 2018-02-22 .
- ^ Isle of man, Ronald (March nineteen, 2013). "Stance analysis: Justices reject publisher's claims in grey-market copyright instance". SCOTUSblog . Retrieved March xx, 2017.
- ^ Schwartz, Meredith; Hadro, Josh; Held, Shari; Kelley, Michael; Lewis, Caroline; Michaelson, Elizabeth; Oder, Norman (2013). "First sale upheld in Kirtsaeng v. Wiley". Library Journal. Media Source Inc. 138 (7): 13.
- ^ Lexmark Int'l, Inc. 5. Impression Prods., Inc., Order of Apr fourteen, 2015 (Fed. Cir.).
- ^ Pearson v. Liu, SDNY Oct. 22, 2013.
- ^ "Press release (10.07.2013), Wiley-VCH [in German language]". July 10, 2013. Archived from the original on February v, 2015.
- ^ OMEGA SA v. Costco Wholesale Corp. , 776 F.3d 692 (9th Cir. 2015).
External links [edit]
- Text of Kirtsaeng v. John Wiley & Sons, Inc., 568 U.Southward. 519 (2013) is available from:CourtListener Google Scholar Supreme Courtroom (slip stance)
- SCOTUS blog coverage of the decision (filings, briefs, decisions, etc.)
- Knowledge Environmental International (KEI), Analysis of the decision
Source: https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_Sons
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