Agreed. The case doesn't have to be decided by the Supreme Court to
affect copyright jurisprudence throughout the United States. Bridgeman
Art Library v. Corel Corp. (which a substantial portion of our Commons
policy is based on) was a decision by the District Court for the
Southern District of New York, for example. Granted, several federal
courts have followed that ruling since then.
Ryan Kaldari
On Mon, Apr 6, 2009 at 11:33 PM, Ray Saintonge <saintonge(a)telus.net> wrote:
Dan Rosenthal wrote:
The 10th circuit (or the US District Court for
Colorado, which
actually made the decision on remand from the 10th circuit) does not
cover the ninth circuit either.
AFAICT Eldred v. Ashcroft remains the latest SCOTUS case on the matter.
If you read Larry Lessigs blog he talks about the decision as well.
I wouldn't attach too much weight to the fact that the servers are in
Florida. Copyright remains essentially a federal matter, except in a
few situations regarding state common law applied to sound recordings,
which are mostly not relevant to our interests. Anyone bringing a claim
against WMF is more likely to do so in the district that serves his
convenience anyway.
The Eldred v. Ashcroft case is easily distinguished. It was about
extending the term of copyright before the previous term had expired.
Golan is about works that had already gone into the public domain, and
seeks to establish the principle that once something has gone into the
public domain it can't be taken back out.
Ec
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