> The case deals only with the "gray market" importation question
This is incorrect. Did you read Omega? Did you read earlier Kirtsaeng or the Petition for Certiorari or even Wiley's response?
The core question is basically "what does 'made lawfully under this title' mean in relation to first sale?" The petitioner (the book importer) tried to apply first sale as a defense to the limitations on unauthorized importation. If first sale is invalid because "under this title" mean solely within the territory of the US, then the first sale is likely invalid in all such situations.
The court could rule that anything purchased in the US also gets 'first sale' protection as a matter of interpretation, or it might figure out how to rule so narrowly that the decision only applies to one scenario, but that's exactly the same "could" and "might" that you called FUD earlier.
This is incorrect. Did you read Omega? Did you read earlier Kirtsaeng or the Petition for Certiorari or even Wiley's response?
The core question is basically "what does 'made lawfully under this title' mean in relation to first sale?" The petitioner (the book importer) tried to apply first sale as a defense to the limitations on unauthorized importation. If first sale is invalid because "under this title" mean solely within the territory of the US, then the first sale is likely invalid in all such situations.
The court could rule that anything purchased in the US also gets 'first sale' protection as a matter of interpretation, or it might figure out how to rule so narrowly that the decision only applies to one scenario, but that's exactly the same "could" and "might" that you called FUD earlier.