[Foundation-l] Court: Congress can't put public domain back into copyright

Ryan Kaldari kaldari at gmail.com
Tue Apr 7 15:21:21 UTC 2009

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 at 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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