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

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  •  You obviously haven't read the decision (1+ / 0-)
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    LilithGardener

    Copyright is mainly a creation of statute, and if there were infringement, there's no broad Constitutional right to sell someone else's IP.  The scope of the statutory one was what the Court addressed.  

    Even indulging you, this is a content and viewpoint neutral regulation of unprotected speech.  The government's burden would be met in a First Amendment challenge, which none of the parties brought.  The only thing the Court decided was that Congress said first sale trumps a codified protection of geographic price discrimination, which will I imagine come as news to Congress.  What the law should be is likely irrelevant to the Court's decision making process.  Yay, foreigners get to pay more for textbooks.  I only care insofar as there's basic ignorance of black letter law on display.

    Difficult, difficult, lemon difficult.

    by Loge on Tue Mar 19, 2013 at 05:41:30 PM PDT

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