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Open Internet

Amicus Brief on Kirtsaeng v. Wiley in the Matter of the “First Sale” Doctrine

Amicus brief with CDT, eBay, Google, NetCoalition and other Internet industry groups seeking to overturn a wrong-headed Second Circuit decision that would enable copyright owners to control downstream distribution of any copyrighted items manufactured overseas. The case is Kirtsaeng v. Wiley,  and it concerns the reach of the “first sale”  doctrine of U.S. copyright law. The first sale doctrine is simply the principle that once you buy a copy of a copyrighted work, you own that copy. You can re-sell, lend, or give it away as you please.