Monday, April 21, 2008

Marketing Information Masters v. The Trustees of the California State University: Court Finds Part of Copyright Act Unconstitutional

In this American decision, it was found that a section of the Copyright Remedy Clarification Act was an invalid exercise of power under the Constitution. This section states that "[a]ny State, instrumentality of a state... or employee of a State or instrumentality of a State... shall not be immune, under the Eleventh Amendment" to a suit for copyright infringement. 17 U.S.C. section 511(a).

A win I suppose for those who believe that copyright is draconian and should be replaced with a share and share alike mantra?

Here is an article which outlines the legal effect of such a decision, and here is the link to the Slashdot article.

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