1.
First
Sale Doctrine applies to copies of copyrighted work lawfully made abroad.
2.
Both
historical and contemporary statutory context indicate that Congress did not
have geography in mind when writing the present version of section 109(a).
3.
A
nongeographical reading is also supported by the canon of statutory
interpretation that “when a statute covers an issue previously governed by the
common law,” it is presumed that “Congress intended to retain the substance of
the common law.”
4.
Library
associations, used-book dealers, technology companies, consumer-goods
retailers, and museums point to various ways in which a geographical
interpretation would fail to further basic constitutional copyright objectives,
in particular “promot[ing] the Progress of Science and useful Arts,” Art. I,
§8, cl. 8.
654 F. 3d 210, reversed and remanded
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