JOHN WILEY & SONS, INC. v. KIRTSAENG

Docket No. 09-4896-cv.

654 F.3d 210 (2011)

JOHN WILEY & SONS, INC., Plaintiff-Appellee, v. Supap KIRTSAENG, doing business as Bluechristine99, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 15, 2011.


Attorney(s) appearing for the Case

William Dunnegan ( Laura Scileppi , on the brief), Dunnegan LLC, New York, NY, for plaintiff-appellee.

Sam P. Israel , New York, NY, for defendant-appellant.

John T. Mitchell , Interaction Law, Washington, DC, for amici curiae Entertainment Merchants Association and National Association of Recording Merchandisers.

Norman H. Levine ( Aaron J. Moss , on the brief), Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles, CA, for amicus curiae Costco Wholesale Corporation.

Charles A. Weiss , Kenyon & Kenyon LLP, ( Mark A. Abate , Goodwin Proctor LLP, on the brief), New York, NY, for amicus curiae New York Intellectual Property Law Association, in support of plaintiff-appellee.

Judge MURTHA dissents in a separate opinion.


JOSÉ A. CABRANES, Circuit Judge:

The "first sale doctrine" in copyright law permits the owner of a lawfully purchased copy of a copyrighted work to resell it without limitations imposed by the copyright holder.1 The existence of the doctrine dates to 1908, when the Supreme Court held that the owner of a copyright could not impose price controls on sales of copies of a copyrighted work beyond...

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