Consumer Rights Need a Reboot: The Supreme Court's Decision in Kirtsaeng v. John Wiley & Sons, Inc. May Have Unintended Consequences for the First Sale Doctrine and Consumers
Date
2014
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Texas Tech Law Review
Abstract
Reviews the Supreme Court's decision in Kirtsaeng, a landmark decision that will have far-reaching implications for copyright owners and consumers. Suggests that lawful purchasers may now rely on the first sale doctrine to protect them when importing copyrighted goods without prior authorization. Examines the Court's decision and raises many questions as copyright owners look for alternatives to retain control of their copyrighted works after distribution. Argues that with the increase in digital technology, the first sale doctrine may be severely diminished, and consumers may eventually find themselves without its protection and urges Congress to apply the first sale doctrine to digital goods.
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Keywords
Consumer rights, Kirtsaeng v. John Wiley & Sons, Inc., First Sale Doctrine, Copyright Act, CBS, Inc. v. Scorpio Music Distributors, Inc., Sebastian International, Inc. v. Consumer Contacts Ltd., Quality King Distributors, Inc. v. L'anza Research International, Inc., Omega S.A. v. Costco Wholesale Corporation, Lawfully made under this title, Copyright owners, Kirtsaeng's effect on digital goods, Trademarks, Rise of Digital Transmission, Evolving technology, Appling First Sale Doctrine to digital goods, Perpetual Possession Approach
Citation
Brittany Greger, Consumer Rights Need A Reboot: The Supreme Court's Decision in Kirtsaeng v. John Wiley & Sons, Inc. May Have Unintended Consequences for the First Sale Doctrine and Consumers, 47 Tex. Tech. L. Rev. 275 (2014-2105)