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Part of Copyright Act Ruled Unconstitutional

rdnetto (955205) writes | about 5 years ago

Businesses 0

rdnetto (955205) writes "From http://techdirt.com/articles/20090403/1619494384.shtml:
A year and a half ago, we were quite surprised when the 10th Circuit Court of Appeals actually sided with Larry Lessig, concerning how a part of copyright law that pulled foreign works out of the public domain was potentially unconstitutional. This was in the "Golan case," the third of three big copyright cases Lessig had championed. The appeals court had sent the case back to the lower court, and that lower court has now decided that, indeed, a trade agreement (URAA) that pulled foreign content out of the public domain is unconstitutional as it violates the First Amendment. While it may seem narrowly focused, this is the first case that has successfully challenged a part of copyright law as being unconstitutional. The ruling will almost certainly be appealed, so it's not over yet — but it's still a rare and important win for those who are fighting to keep copyright law from destroying the public domain."

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