Hey, Can I Keep Those Gray Market Goods Out of Here? The Unresolved Conflict Between §§ 109(a) and 602 of the Copyright Act Following the Supreme Court's Deadlock in Costco v. Omega

The Supreme Court in Costco v. Omega has disappointed the copyright industry. It was hoping that Costco would resolve whether the first-sale doctrine set forth in § 109(a) of the Copyright Act (the "Act") applies to gray market goods: those manufactured abroad and imported here without the copyright holder's…

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