A Program on the First Sale Doctrine Sponsored by the ABA Forum on the Entertainment and Sports Industries


Andrew will be a panelist at a webinar on the first sale doctrine sponsored by the American Bar Association Forum on the Entertainment and Sports Industries and the ABA Center for Continuing Legal Education. The program is entitled: The First Sale Doctrine After Costco and Vernor:  Where Do We Go From Here?

The webinar will take place on Thursday, July 28, 2011 from 12:00 PM – 1:30 PM Eastern Standard Time.  For more information, please click here.

Andrew will be joined by two other panelists: Scott Bain, Chief Litigation Counsel and Director, Internet Anti-piracy, Software and Information Industry Association, Washington, DC and William Dunnegan, Member, Dunnegan LLC, New York, NY.

Each has been extremely active in first sale litigation. Scott, among other things, filed an amicus brief in the Ninth Circuit in the Vernor case. That brief is here. William is counsel to publishers in three first sale cases all awaiting decision in the 2d Circuit involving text book arbitrage (the sale here of books made overseas at prices below those charged for the same books intended for the U.S. market). Those cases are John Wiley v. Kirtsaeng, Pearson v. Arora and Pearson v. Kumar. Click here for my earlier post on these cases which links to the district court opinions in each.

Hopefully by July 28 we will have heard from the 2d Circuit in at least one of these cases.  It will be interesting whether they follow the Ninth Circuit’s decision in Omega v. Costco (here, which was affirmed by a 4-4 vote of the Supreme Court) or chart a new course. We will also discuss the 9th Circuit’s trilogy of license versus sale cases (all argued on the same day): Vernor v Autodesk, UMG v Augusto and MDY v. Blizzard. Stay tuned.