Costco v. Omega

Holding: An equally divided Court affirmed the Ninth Circuit's holding that the first sale doctrine applies only to copyrighted items that are made and distributed in the United States. (Kagan, J. recused).

Plain English Holding: An equally divided Court affirmed the Ninth Circuit's holding that the "first sale' doctrine applies only to copyrighted items that are made and distributed in the United States. The Court's order establishes no precedent. (Kagan, J., recused)

Judgment: Affirmed by an equally divided Court on December 13, 2010. (Kagan, J., recused).

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Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

Petition for certiorari (unavailable)

Brief in opposition (unavailable)

Petitioner’s reply (unavailable)

Supplemental brief for petitioner (unavailable)

Amicus brief of Public Citizen (unavailable)

Amicus brief of Public Knowledge Electronic Frontier Education (unavailable)

Amicus brief of the Retail Industry Leaders Association et al. (unavailable)

Amicus brief of eBay (unavailable)

Amicus brief of the Entertainment Merchants Association et al. (unavailable)

Brief for the United States as amicus curiae

Reply brief for petitioner in response to United States amicus brief (unavailable)