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A Boon for Copyright’s Biggest Holders?

Started by TLF · 11 months ago

Tim has already analyzed the decision of the Federal Circuit in Jacobsen v. Katzer, but I’d go even further than he did and say that it could broadly impact the media and software industries. Because violating a condition to copyright can avail a plaintiff to seek greater damages than ... Continue reading »

3 comments

  • When do non-free song or software vendors ever allow consumers to make and distribute copies of their products?
  • I think the main import is not necessarily what is allowed or disallowed by copyright holders, but what remedies are available for breach.
  • As the CAFC judges write in the opinion, the purpose of copyright is to preserve the monetary value of protected works. Once someone buys a book or a song, he doesn't need a license to use them in a way allowed by copyright law.

    The opinion states that if a license offers additional freedoms beyond those allowed by copyright then breaching the license takes away those freedoms and the rules revert to those of copyright.

    A license that tries to take away freedoms allowed by copyright law was not considered, but it if is treated in the same way then once it's breached the normal rules of copyright would apply, which makes the license moot.

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