October 29: PIJIP Recap of Kirtsaeng v. Wiley
Supap Kirtsaeng helped to finance his doctorate in mathematics at the University of Southern California by having friends and family send him copies of textbooks sold at a lower price in Thailand and the selling them in the United States. Although these books were lawfully purchased in Thailand, Kirtsaeng was sued by John Wiley & Sons for copyright infringement.
In this case, the Supreme Court revisits the relationship between the Copyright Act’s limits on importation of a copyrighted work without permission and the first sale doctrine. The Court divided evenly over this issue in a 2010 case pitting Costco against Omega.
The Supreme Court will hear oral arguments the morning of October 29. PIJIP is pleased to welcome Counsel of Record for both parties along with counsel for amici Costo and Omega to discuss the case and the argument.
- Matthew McGill – Gibson, Dunn & Crutcher, Counsel for Respondent
- Nick Lenning – Orrick, Herrington & Sutcliffe LLP, Counsel for Petitioner
- Eleonora Zlotnikova – Sam P. Israel P.C., Counsel for Petitioner
- Ariel Lavinbuk - Robbins Russell, Counsel for amicus Costco, Inc., in support of Petitioner
- Aaron Panner – Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC Counsel for amicus Omega, in support of Respondent
- Peter Jaszi – American University Washington College of Law, Moderator