Split Decision Settles Few Questions in Supreme Court Copyright Case; Library Journal, 12/16/10

Josh Hadro, Library Journal; Split Decision Settles Few Questions in Supreme Court Copyright Case:

"What happens to library acquisitions now that the Supreme Court has issued a 4-4 split ruling [PDF] in the case of Costco v. Omega, a case library advocates were worried could stymie the lending of some 200 million foreign-made titles? The answer, at least for now, is business as usual—until the court takes up another copyright case, or Congress intervenes.

The split ruling—a result of Associate Justice Elena Kagan's recusal on account of her previous role as Solicitor General—in effect upholds the Ninth Circuit's ruling that the "first sale" doctrine does not apply to goods manufactured outside the country without setting nationwide precedent."