Supreme Court Issues Decision in Kirtsaeng v. John Wiley
Yesterday, the U.S. Supreme Court issued its decision in Kirtsaeng v. John Wiley. The case involves the legality of purchasing copyrighted works that are made and sold overseas with the authority of the publisher and then resold into the United States without the publisher’s authority. At issue in the case was whether the first sale doctrine — a legal principle that is codified in Section 109 of the Copyright Act that allows a person who buys (rather than licenses) a copy of a copyrighted work to resell or distribute the copy without the publisher’s permission — applies to copyrighted products that were made abroad. In a 6-3 decision, the Court overturned the Second Circuit decision and held that the first sale doctrine applies to copies of copyrighted works that are legally manufactured abroad.
SIIA is strongly disappointed with the Supreme Court’s ruling. The ruling for Kirtsaeng will send a tremor through the publishing industries, harming both U.S. businesses and students around the world. Yesterday’s decision will create a strong disincentive for publishers to market different versions and sell copies at different prices in different regions. The practical result may very well be that consumers and students abroad will see dramatic price increases or entirely lose their access to valuable U.S. educational resources created specifically for them.
For more information, read SIIA’s amicus brief in the case, which defends the view that these purchases violate U.S. copyright law, since the first sale doctrine does not apply to a work made and sold abroad.
A copy of the case can be found here.
SIIA will also be hosting a webcast on Kirtsaeng tomorrow, March 21, at 2 pm ET. Interested parties can come in person to SIIA’s headquarters or connect live via the webcast. For more information, click the link.
Enforcement News
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The Department of Homeland Security and U.S. Immigration and Customs Enforcement have launched a fake e-commerce website to raise awareness about counterfeit luxury goods.
Risks of Using Pirated Software Costing Firms Billions (Microscope)
A recent IDC survey of piracy shows that the costs of buying illegal software are $144 billion globally for businesses that face opening the door to viruses, malware and desktop problems as a result of installing pirated software.
Supreme Court Won’t Hear File-Sharing Case (CNET)
The Supreme Court has denied the petition of Jammie Thomas- Rasset to hear her case, letting the $222,000 verdict in the file-sharing case stand.
Appeals Court Hands Veoh Another Win in Important Copyright Ruling (The Hollywood Reporter)
The Ninth Circuit Court of Appeals reaffirmed an earlier decision that video-sharing site Veoh was protected from copyright liability under the DMCA. Universal Music Group brought the case against Veoh, claiming the site did not qualify for safe harbor under the DMCA.
U.S. Defense Researcher Bought Pirated Software From Russians, Chinese (InfoWorld)
The former chief scientist at a Kentucky defense contractor has been sentenced to a year in prison for buying pirated software from Russian and Chinese hackers and using it to design components for military helicopters.
Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.