The Impact of the Supreme Court’s Decision in Kirtsaeng v. Wiley on Libraries

The Library Copyright Alliance has released The Impact of the Supreme Court's Decision in Kirtsaeng v. Wiley on Libraries.

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This paper first provides background on this issue and an overview of the Kirtsaeng litigation. It then summarizes Justice Breyer's majority opinion, Justice Kagan's concurrence, and Justice Ginsburg's dissent, emphasizing the opinions' references to libraries. The paper next discusses the likely arguments of those who may seek to overturn the Court's decision and the shortcomings of those arguments. Finally, the paper concludes that the Supreme Court decision represents a complete victory for libraries, reaffirming the importance of libraries' engagement in policy debates.

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Copyright © 2005-2015 by Charles W. Bailey, Jr.

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