Appellate & Supreme Court Partner Discusses Resale Trade Case

Thomson Reuters News & Insight | October.26.2012

Appellate & Supreme Court partner Josh Rosenkranz discusses his arguments before the U.S. Supreme Court in a case involving the first-sale doctrine.

The brief Rosenkranz submitted walks through examples of what could happen if the court rules against his client. The resale or lease of cars imported into the United States, which almost always have copyrighted software, would violate copyright laws, and movie producers could begin manufacturing DVDs abroad and "enjoy a permanent veto over any further rental of the foreign-made DVD," the brief said.

Though "anyone who makes a product would love to control what happens to it downstream,” the longstanding U.S. law is that if you bought it, you own it, no matter where that purchase was made, Rosenkranz said. That is a point he will put "front and center" to the court,” he added.