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Kirtsaeng v. John Wiley & Sons, Inc.
''Kirtsaeng v. Wiley'' is a United States Supreme Court copyright decision in which the Court held, 6-3, that the first-sale doctrine applies to copies of copyrighted works lawfully made abroad.
==Background==
In 2008, John Wiley & Sons, Inc. filed suit against Thailand native Supap Kirtsaeng over the sale of foreign edition textbooks made outside of the United States marked for sale exclusively abroad which Kirtsaeng imported into the United States.〔''(John Wiley & Sons, Inc. v. Kirtsaeng )'', 54 F.3d 210 (2d Cir. 2011)〕 When Kirtsaeng came to America in 1997 to study at Cornell University, he discovered that Wiley textbooks were considerably more expensive to buy in the United States than in his home country. Kirtsaeng asked his relatives from Thailand to buy such books at home and ship them to him to sell at a profit. He sold the imported books on eBay, "making $1.2 million in revenue, although both sides dispute how much profit was actually made."〔(【引用サイトリンク】title=Supreme Court to hear arguments in case of student who resold books - CNN.com )〕
Wiley sued Kirtsaeng for copyright infringement and won in two lower courts. The Second Circuit Court of Appeals upheld the ban on importation of copyrighted works without the authority of the U.S. copyright owner; this set up a Circuit split with the Third Circuit and the Ninth Circuit, which had had variant approaches to the same question in other cases.
Kirtsaeng then appealed to the Supreme Court, arguing the first-sale doctrine, a clause in the United States copyright which enables residents of the United States to resell legally obtained objects without asking for the copyright owner's permission, was more important than the copyright owner's rights to control importation of the owner's works under US Law.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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