[Foundation-l] Court: Congress can't put public domain back into copyright
Ray Saintonge
saintonge at telus.net
Tue Apr 7 04:33:32 UTC 2009
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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