Published Articles
  1. Hey, Can I Keep Those Gray Market Goods Out of Here? The Unresolved Conflict Between §§ 109(a) and 602 of the Copyright Act Following the Supreme Court’s Deadlock in Costco v. Omega

    Hey, Can I Keep Those Gray Market Goods Out of Here? The Unresolved Conflict Between §§ 109(a) and 602 of the Copyright Act Following the Supreme Court’s Deadlock in Costco v. Omega


    First, my apologies to those who want a quick fix on this issue; I have miserably failed to shorten this piece. The conflict between §§ 109(a) and 602 of the Copyright Act divided the Supreme Court in Costco v. Omega as it has vexed the district courts. Because I try to fairly present both sides of the issue and the policy questions raised, I have gone way beyond recommended blog length.   Read more

  2. What’s Next with Gray Market Goods After the 4-4 Split in Costco v. Omega

    What’s Next with Gray Market Goods After the 4-4 Split in Costco v. Omega

        Andrew will speak at a luncheon program sponsored by the Copyright Society of the U.S.A. on March 16, 2011 on what the copyright supply chain (copyright holders, manufacturers, importers and distributors) should anticipate following the Supreme Court’s deadlock in Costco v. Omega. As a result of the deadlock we have no guidance whether gray market goods are subject to the first-sale doctrine. Read more

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