Negotiating and drafting sophisticated agreements that achieve business and technical goals
When: Monday, November 04 to Tuesday, November 05, 2013
Where: Hotel Nikko, San Francisco, CA
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Industry Related Article
Importing Software and Copyright Law by Lothar Determann
Dr. Determann will be a Co- Chair at ACI’s Software Agreements Forum
On March 19, 2013, the US Supreme Court held in Kirtsaeng v. John Wiley & Sons, Inc. 1 that copies lawfully made and first sold abroad could be imported into the United States and resold without the US copyright owner’s consent.
Supap Kirtsaeng imported books from Thailand and asserted the “first sale doctrine” as a defense when a US copyright owner, John Wiley & Sons, Inc., sued him for copyright infringement. Lower courts had rejected the defense based on territoriality considerations: The first sale doctrine did not apply, because the copies were not made in the United States and no authorized first sale had occurred in the United States…. [ Read the Complete Article in PDF Format ]