Tuesday, May 28, 2013
Clark D. Asay, Penn State University School of Law, has published Kirtsaeng and the First-Sale Doctrine's Digital Problem at 66 Stanford Law Review Online 17 (2013).
Many have lauded the United States Supreme Court's recent decision in Kirtsaeng v. John Wiley & Sons, Inc. as a significant victory for the first-sale doctrine under copyright law. However, in the digital context, the Kirtsaeng holding and the first-sale doctrine in general face extinction. This Essay argues for the first-sale doctrine's survival in the digital context.
Download the essay from SSRN at the link.