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SCOTUS Ruling in Kirtsaeng v. Wiley Will Harm U.S. Publishers & Consumers in U.S. and Abroad

Tuesday, March 19, 2013

The Software & Information Industry Association (SIIA), the principal trade association for the software and digital content industries, is strongly disappointed with the Supreme Court’s ruling today in Kirtsaeng v. Wiley. SIIA General Counsel and Senior Vice President for Intellectual Property Policy and Enforcement Keith Kupferschmid said in a statement:

“The ruling for Kirtsaeng will send a tremor through the publishing industries, harming both U.S. businesses and consumers around the world. Today’s decision will create a strong disincentive for publishers to market different versions and sell copies at different prices in different regions. The practical result may very well be that consumers and students abroad will see dramatic price increases or entirely lose their access to valuable U.S. resources created specifically for them.

“American publishers will face direct harm, because our markets will be open to a flood of copyrighted material that was intended for purchase overseas. By exploiting pricing models that are meant for students in undeveloped nations, importers both deny those students a full education, and threaten American publishers’ ability to do business abroad.”

For more information, read SIIA’s amicus brief in the case, which defends the view that these purchases violate U.S. copyright law, since the first sale doctrine does not apply to a work made and sold abroad.

About SIIA

SIIA is the leading association representing the software and digital content industries. SIIA represents approximately 700 member companies worldwide that develop software and digital information content. Information technology (IT) and software security are critical issues to SIIA’s members, many of whom strive to develop safe, secure and state-of the-art products that effectively serve their commercial and government customers alike, while protecting their intellectual property. For more information, visit

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