3 ms·
It was zero courts before, too, no? CAFC does not have natural jurisdiction over copyright and thus always applies circuit law. Here, this was also a 3-judge
by DannyBee 6y ago
It was zero courts before, too, no?
CAFC does not have natural jurisdiction over copyright and thus always applies circuit law.
Here, this was also a 3-judge panel of the federal circuit, and en banc review was denied.
Those decisions are already not binding on future 3-judge panels IIRC (it's been a while, honestly), and definitely not binding on the circuits
- dragonwriter 6y ago> It was zero courts before, too, no? Right, and I think this played an important role in why the Supreme Court ducked API copyrightability; they’d rather not do so absent a binding lower circuit decision, or especially a conflict between circuits, preferring to let the issue percolate (and also provide Congress more time to intervene) of there is another basis dor resolving particular cases with less sweeping impact.