Judge Pogue
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=117282
PLAINTIFF publisher sued defendant for infringing on copyrights by buying foreign editions of its textbooks—made overseas—and reselling the books in the United States on a commercial Web sites. In addition to barring assertion of a waiver a defense, the court barred defendant, as a matter of law, from raising a defense grounded on the “first sale” doctrine, codified at 17 USC §109(a). In so doing, the court rejected defendant’s assertions that the U.S. Supreme Court’s holding in Quality King Distribs. v. L’Anza Research Int’l—that the importation of goods subject to U.S. copyright cannot constitute copyright infringement when the goods are manufactured in the United States, sold by the U.S. copyright owner to an entity abroad, and subsequently re-imported into the United States—should be extended to also cover foreign-manufactured goods. Discussing case law, the legislative histories of Copyright Act §§109 and 602, and public policy ,the court held that §602(a)(1)’s importation prohibition applies, despite a “first sale” abroad, where the goods were lawfully made abroad.