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Kirtsaeng And The First-Sale Doctrine's Digital Problem, Clark D. Asay
Kirtsaeng And The First-Sale Doctrine's Digital Problem, Clark D. Asay
Faculty Scholarship
Many have lauded the United States Supreme Court's recent decision in Kirtsaeng v. John Wiley & Sons, Inc. as a significant victory for the first-sale doctrine under copyright law. However, in the digital context, the Kirtsaeng holding and the first-sale doctrine in general face extinction. This Essay argues for the first-sale doctrine's survival in the digital context.