Back in October of 2012, I posted an article that’s gotten a surprising amount of traffic over the past few months entitled When Your Stuff Isn’t Your Stuff, and in it I discussed the threat to First Sale Doctrine that the Wiley v. Kirtsaeng case was presenting for us all. Well, it’s been four and a half months now, and we’ve finally had a decision handed down from the Supreme Court on March 19th: a 6 – 3 decision in favor of Supap Kirtsaeng. First Sale is safe again for the time being and the “parade of horribles” has been marched back into the wardrobe, although tentatively.
For those of you who haven’t been keeping up with my Delicious Feed the past couple weeks or don’t keep up much with business or technology news, you’re probably completely unaware that the US Supreme Court is beginning the hearing process on a case called Wiley v. Kirtsaeng, a case that could prove to be the most important and high-stakes intellectual property case heard this century to date. The decision on this case will have lasting repercussions that could fundamentally change the used goods market in the United States and any other country that has to fall into harmonization with our intellectual property and copyright laws.
Have your attention yet?