a. What is the first sale doctrine?
b. What three things did the Supreme Court rely on to decide that the first sale doctrine favored a non geographical interpretation?
c. What administrative burden does the first sale doctrine free the courts from?
John Wiley & Sons, Inc. ("Wiley"), published English language textbooks. It sold some of these books abroad through its subsidiary, Wiley Asia, at a lower price than in the United States. A notice on their inside cover stated they were not to be taken into the United States without Wiley's permission.
In 1997, Supap Kirtsaeng moved from Thailand to the United States to attend Cornell University. Friends and family bought foreign editions of the textbook and mailed them to him at Cornell. He sold the books online.
Wiley filed suit against Kirtsaeng, claiming that his unauthorized importation and resale of its books was copyright infringement. Furthermore, Wiley argued that the first sale doctrine did not apply because it was limited geographically to products "lawfully made" in the United States. Kirtsaeng responded that the first sale doctrine permitted his actions because his books were "lawfully made" according to the Copyright Act (that is, made with the copyright owner's permission) and that the first sale doctrine was not limited by geography. The District Court held for Wiley, concluding that the doctrine did not apply to goods manufactured abroad. On appeal, the Second Circuit affirmed. The Supreme Court granted certiorari.