First Sale Doctrine Does Not Apply to Works Manufactured Outside of the United States

摘要

In Wiley v. Kirtsaeng [No. 09-4896-cv (2d Cir. 08/15/2011)], Kirtsaeng allegedly participated in a scheme designed to help him finance his US education. Between 2007 and September 8, 2008, Kirt-saeng's friends and family shipped him foreign edition textbooks printed abroad by Wiley Asia. In turn, Kirtsaeng sold these textbooks on commercial Web sites such as eBay.com. Using the revenues generated from the sales, Kirtsaeng would reimburse his family and friends for the costs that they incurred during the process of acquiring and shipping the books and then keep any remaining profits for himself.