Whereas the majority opinion was predicated on an examination of "fair use", Judge Newman's dissent was predicated upon contract law pertaining to federal procurements.
Against Monopoly
defending the right to innovate
IP Law
Monopoly corrupts. Absolute monopoly corrupts absolutely.
Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.
current posts | more recent posts
backComments
I would not read too much into Judge Newman's (a patent lawyer) dissent.
[Comment at 02/26/2010 06:32 PM by MLS]
A particularly egregious court ruling. It makes at least 2 errors:
1. As the dissenting judge pointed out, it was a work for hire commissioned by the party accused of infringement. Ergo, that party would hold the copyright it is being accused of infringing. Can one infringe one's own copyright? Even if so, why would a third party (and after completing a commissioned work, the artist is a third party) have standing to sue or to collect damages?
2. Any copyright that is acquired by the federal government is automatically voided; the work falls immediately into the public domain. So there is no copyright to have been infringed anyway.
[Comment at 02/26/2010 08:16 PM by None Of Your Beeswax]
current posts | more recent posts
Submit Comment
Most Recent Comments
IIPA thinks open source equals piracy rerwerwerwer
at 07/08/2019 11:35 PM by WolfLarsen Larsen
IIPA thinks open source equals piracy Thank you for this great
at 06/21/2019 02:13 PM by spam name
Questions and Challenges For Defenders of the Current Copyright Regime Eu acho que os direitos autorais da invenção ou projeto devem ser
at 05/11/2019 09:15 PM by Marcelo
IIPA thinks open source equals piracy https://essaywritingsolutions.co.uk/
at 04/07/2019 11:22 PM by WolfLarsen
at 04/07/2019 11:21 PM by WolfLarsen
IIPA thinks open source equals piracy rwerwewre
at 04/07/2019 11:20 PM by WolfLarsen
at 02/05/2019 07:44 AM by Anonymous
Questions and Challenges For Defenders of the Current Copyright Regime It is one of the finest websites I have stumbled upon. It is not only well developed, but has good
at 06/19/2018 10:36 PM by Michael Jones
Killing people with patents I'm not really commenting the post, but rather asking if this blog is going to make a comeback
at 01/09/2018 03:46 AM by Anonymous
The right to rub smooth using a hardened steel tool with ridges Finally got around to looking at the comments, sorry for delay... Replying to Stephan: I'm sorry
at 05/08/2015 08:35 AM by Dan Dobkin
Let's See: Pallas, Pan, Patents, Persephone, Perses, Poseidon, Prometheus... Seems like a kinda bizarre proposal to me. We just need to abolish the patent system, not replace
at 04/10/2015 10:44 AM by Stephan Kinsella
The right to rub smooth using a hardened steel tool with ridges I'm a bit confused by this--even if "hired to invent" went away, that would just change the default
at 04/10/2015 10:34 AM by Stephan Kinsella
Do we need a law? @ Alexander Baker: So basically, if I copy parts of 'Titus Andronicus' to a webpage without
at 01/08/2015 08:58 PM by Sheogorath
Do we need a law? The issue is whether the crime is punished not who punishes it. If somebody robs our house we do
at 11/17/2014 04:48 AM by David K. Levine
Do we need a law? 1. Plagiarism most certainly is illegal, it is called "copyright infringement". One very famous
at 10/29/2014 10:49 AM by Alexander Baker
Yet another proof of the inutility of copyright. The 9/11 Commission report cost $15,000,000 to produce, not counting the salaries of the authors.
at 09/20/2014 03:19 PM by Alexander Baker
WKRP In Cincinnati - Requiem For A Masterpiece P.S. The link to Amazon's WKRP product page:
at 06/28/2014 10:03 AM by Doris
WKRP In Cincinnati - Requiem For A Masterpiece Hopefully some very good news. Shout! Factory is releasing the entire series of WKRP in Cincinnati,
at 06/28/2014 10:00 AM by Doris
What's copywritable? Go fish in court. @ Anonymous: You misunderstood my intent. I was actually trying to point out a huge but basic
at 05/05/2014 01:03 PM by Sheogorath
Rights Violations Aren't the Only Bads I hear that nonsense from pro-IP people all the
at 04/07/2014 04:47 AM by Dan McCracken