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View Diary: Supreme Court's ruling on copyright (24 comments)

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  •  it's a statutory construction case (3+ / 0-)
    Recommended by:
    JamieG from Md, pico, LilithGardener

    the dissenters are those who, on balance, prefer clear rules, and would therefore treat the non-importation statute as a clear bar.  The majority were those who, on balance, favor "standards," rather than rules, and would treat the fair use exceptions more broadly.

    Thomas and Scalia disagree a little less than 20% of the time, but the times people pay attention to are the political 5-4 decisions.  The closest vote pair are Roberts and Alito

    Difficult, difficult, lemon difficult.

    by Loge on Tue Mar 19, 2013 at 10:27:08 AM PDT

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    •  ack, first sale, not fair use. n/t (1+ / 0-)
      Recommended by:
      LilithGardener

      Difficult, difficult, lemon difficult.

      by Loge on Tue Mar 19, 2013 at 10:44:16 AM PDT

      [ Parent ]

    •  This is a good summary. (4+ / 0-)

      I think the dissent has the better case semantically, but I prefer the majority's ruling, and I'm happy to see Kirtsaeng winning this case.  Breyer's examples of potential abuses of this law may have been (per Ginsburg) overstated, but on the clear implications of the law, he is right, and this at least clarifies that those abuses cannot take place.  

      Saint, n. A dead sinner revised and edited. - Ambrose Bierce

      by pico on Tue Mar 19, 2013 at 10:56:54 AM PDT

      [ Parent ]

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