Kirtsaeng, Dba Bluechristine99 v. John Wiley & Sons, Inc. — Ginsburg, J., Dissenting

Summary

Justice Ginsburg, dissenting, argues that the majority’s adoption of an international‑exhaustion rule contradicts the text and legislative history of the Copyright Act, and that the Court should have affirmed the Second Circuit’s judgment that unauthorized importation of foreign‑made copies infringes under §602(a)(1). She maintains that the first‑sale doctrine applies only to copies lawfully made under U.S. law and that Congress intended a national‑exhaustion regime.