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| Authored by: 351-4V on Tuesday, March 19 2013 @ 05:13 PM EDT |
I'll agree that Kennedy on the dissent is wee-bit remarkable to me but Scalia I
think would find for the corporations even if they were suing his own mother.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, March 19 2013 @ 05:41 PM EDT |
| The really interesting bit about the split, IMO, is the concurrence.
Kagan and
Alito basically agree with the dissenters that the combination of
this
judgement and Quality King narrow the scope of §602(a)(1)'s
import
restrictions way beyond what congress intended, possibly so much as
to leave it
vestigial.
They joined with the majority because they think the way to
remedy this is not
to limit first sale itself, but to overturn Quality
King - thus severing
the limitations first sale places on §602, something
that would have almost as
great implications for the import of copyrighted
material as this case would if
it had gone the other way. [ Reply to This | Parent | # ]
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| Authored by: vb on Wednesday, March 20 2013 @ 03:37 PM EDT |
It seems to me that age played a factor in this split. The three oldest members
were all in the minority.
Granted, Breyer is not young, but clearly all of the baby boomers were in the
majority.
I hope that bodes well for future fights with overreaching rights holders.[ Reply to This | Parent | # ]
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