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Reading through the meat of the 40 pages, the appeals court did two things: 1) reversed the lower courts summary judgement So public.resource.org ("PRO") "won
by pwg 8y ago
Reading through the meat of the 40 pages, the appeals court did two things:
1) reversed the lower courts summary judgement
So public.resource.org ("PRO") "won" in the sense that the lower courts summary judgement was reversed, so PRO no longer has their hands tied by that summary judgement, for the moment.
2) remanded the case back to the lower court, because they found that there existed genuine issues of material fact such that the case was not suitable to be decided by summary judgement. And they remanded the case back to the lower court to analyze those genuine issues of material fact more carefully.
What this means is that the case is not over, in fact, it has only just begun, because the appeals court has directed the lower court to analyze PRO's copying of the various standards under the copyright fair use doctrine to determine if each instance was, or was not, fair use.
So this is not a "win" outright as in: one can copy the standards because they are referenced by the law. In fact, in more than a few locations in the decision the appeals court went out of their way to state that such a simple decision outcome was not possible for cases such as this.
So the case continues, and PRO has more work to do to show, almost to a standard by standard basis, whether their copying was fair use based upon the standard, the law that incorporates it, and the directions given by the appeals court.
However, the appeals court did indicate that there were quite a number of instances where, were the case facts developed sufficiently for them to render a decision on the merits, that many of PRO's copies might very well be seen as fair use copies. Other copies, maybe not so much. So it is a step in the right direction, but the situation is far from settled.
edit: fix typo
- testplzignore 8y agoI found these bits quite entertaining: > the district court will need to develop a fuller record > Instead, it might consider directing the parties, who poorly served the court by treating the standards interchangeably, to file briefs addressing whether the standards are susceptible to groupings that are relevant to the fair use analysis. Pretty much calling out everyone involved on their laziness. I can imagine the judge shaking his head in disappointment when writing this opinion.