The U.S. Supreme Court has ruled that textbooks and other goods made and sold abroad can be resold online and in discount stores without violating U.S. copyright law, Associated Press (AP) reported.

In a 6-3 opinion March 19, the court threw out a copyright infringement award to publisher John Wiley & Sons against Thai graduate student Supap Kirtsaeng, who used eBay to resell copies of the publisher's copyrighted books that his relatives first bought abroad at cut-rate prices.

"We are disappointed that [the] copyright decision by the U.S. Supreme Court ignores broader issues critical to America's ability to compete in the global marketplace," said Tom Allen, president and CEO of the Association of American Publishers (AAP). "The decision will have significant ramifications for Americans who produce the books, music, movies and other content consumed avidly around the world.

"The court's interpretation of the 'first sale' provision of U.S. copyright law will discourage the active export of U.S. copyrighted works," Allen added.

In his opinion, Justice Stephen Breyer said that once goods are sold lawfully, whether in the U.S. or elsewhere, publishers and manufacturers lose the protection of U.S. copyright law, AP reported.

"We hold that the 'first sale' doctrine applies to copies of a copyrighted work lawfully made abroad," Breyer wrote.

The ruling was a major victory for eBay, Costco and other businesses that trade in products made outside the U.S., AP reported.

"To quote Justice Ginsburg's dissenting opinion, the divided ruling is a 'bold departure' from Congress' intention 'to protect copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works' that is made 'more stunning' by its conflict with current U.S. trade policy," Allen said. "AAP expects that Congress will likely consider whether the impact of the court's divided ruling on the ability of U.S. producers to effectively compete in global markets requires legislative clarification."

Jossey-Bass, which publishes some religious and spiritual titles, is an imprint of Wiley.

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