Posted by: Paul A. Forsyth | March 19, 2013

Interesting Lineup in Today’s Big Copyright Case

Via Jonathan Adler at the Volokh Conspiracy, I note the surprising lineup of the justices in the Supreme Court’s big decision today on the first sale doctrine in copyright law, Kirtsaeng v. John Wiley & Sons (pdf):

  • Justice Breyer authored the opinion of the Court, joined by Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Sotomayor, and Justice Kagan.
  • Justice Kagan wrote a concurring opinion, joined by Justice Alito.
  • Justice Ginsburg wrote the dissenting opinion, joined by Justice Kennedy and in part by Justice Scalia.

As Prof. Adler says, this is a lineup that we do not see very often.

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