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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Both sides... | 168 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Kirtsaeng v. John Wiley & Sons -- link to .PDF of decision being appealed
Authored by: Anonymous on Sunday, October 07 2012 @ 05:44 AM EDT
http://www.ca2.uscourts.gov/decisions/isysquery/9a69581b- e4e5- 4cf4-bfac-7e095 fec9879/3/doc/09- 4896_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisi o n s/isysquery/9a69581b-e4e5-4cf4-bfac- 7e095fec9879/3/hilite/

UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT

August Term, 2010

(Argued: May 19, 2010 Decided: August 15, 2011)

Docket No. 09-4896-cv

JOHN WILEY & SONS, INC.,

Plaintiff-Appellee,

v.

SUPAP KIRTSAENG, doing business as BLUECHRISTINE99,

Defendant-Appellant.

[ Reply to This | Parent | # ]

Both sides...
Authored by: Anonymous on Sunday, October 07 2012 @ 01:06 PM EDT
Kirtsaeng had his family and friends buy cheap Asian editions of Textbooks, send
them to him in the US, where he resold them at a profit (under a girly name, no
less).
On one hand, I can see him deliberately infringing the publishers rights and
abuse the first sale doctrine.
On the other hand, if globalisation has to mean anything (other than owner's
rights to move production to cheaper places!) it should also mean consumers
right to purchase goods and services where they are cheapest.
I'm torn

[ Reply to This | Parent | # ]

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