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Re^3: Artistic license being tested in court?by brian_d_foy (Abbot) |
on Aug 27, 2007 at 19:08 UTC ( [id://635388]=note: print w/replies, xml ) | Need Help?? |
No, you've mixed up some issues. The Artistic License was discussed in the claim of the plaintiff. You're saying "The defendant is claiming...". That's something different. The court has not ruled on that yet. They ruled on a particular claim of the plaintiff. People are complaining about the court throwing out the copyright infringement claim because the defendant hasn't infringed on anyone's right to copy. It's not that the defendant is right, just that nobody else lost the right to copy. The court has not ruled on claims of the defendant in this regard. I've already read the various blogs, including the Law & Life in Silicon Valley. More importanly, I've actually read the entire complaint and the entire preliminary ruling. If you read the original documents, you get a much different picture than what people are saying. When you read the ruling, you'll see that the court did not say that the Artistic License is a contract, but that the claim was not covered by copyright law, and might be covered under contract law. That's where the lawyer you mention bends the truth a bit. Since license compliance was not a claim of the plaintiff, the court did not and could not rule on that. Also, I'm not sure why you think I don't understand that the defendant removed copyright attributions. I say that in the use.Perl post rather clearly, and point to the relevant part of the Copyright Act. That's not an infringement of the plaintiff's right to copy though (the claim made to stop harassment by the defendant). That's a wholly different matter, which is the defendant's right to copy. Update: You talk about Count Eight. The court did not discuss Count Eight in its preliminary ruling, so it hasn't made a decision on that. The Artistic License is discussed in the dismissal of Counts Five and Ten. As I've repeated many times, the court has not decided this case, it's merely ruled on some of the motions. Read the very first sentence of the ruling; it's not about Count Eight. You're talking about something completely different than the actual ruling, which you should read. Really. Read it. Once you've read the ruling, compare what it actually says to what you are saying.
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