4 ms·

Unfortunately in the US the government is immune from copyright infringement. PS. Taking it back as I was proven wrong

by FpUser 5y ago

gpm 5y ago
This is incorrect (in the normal civil context), as discussed elsewhere in this thread. But also, I'm suggesting criminally charging the individual officers, not the government. Police officers are not generally immune to criminal laws, so citation requested that they would be in this instance (it is possible, there are certainly some weird exceptions in the law for LEO, but I'm not aware of one here).
- FpUser 5y ago
  >"But also, I'm suggesting criminally charging the individual officers, not the government." You might have a problem with prosecution agreeing to prosecute such case I think.
dredmorbius 5y ago
False: https://www.nolo.com/legal-updates/u-s-postal-service-liable-for-copyright-infringement-of-las-vegas-statue-of-liberty.html https://www.nolo.com/legal-updates/u-s-postal-service-liable...
- FpUser 5y ago
  I am glad to be proven wrong.
  - mannerheim 5y ago
    States indeed have sovereign immunity from copyright lawsuits: > On March 23, 2020, the Supreme Court held that the provisions of the Copyright Act subjecting states to liability for infringement did not validly abrogate states’ sovereign immunity from suit. As a result, copyright owners suffering infringement by state entities cannot seek the remedies provided by the Copyright Act. https://www.copyright.gov/policy/state-sovereign-immunity/ https://www.copyright.gov/policy/state-sovereign-immunity/
    - dredmorbius 5y ago
      Correct, though the assertion here was that the Federal government has immunity.
      - FpUser 5y ago
        Practically speaking it almost does not matter in this context. Cops playing music will most likely be state cops, not feds.
        dredmorbius 5y ago
        Police are typically city or county (latter are sheriffs in most states). Not specifically state government in those cases. There are state police, and usually, state highway patrol. In that context, this action as described in the article would itself be an interesting counterargument to the SCOTUS decision / Library of Congress Copyright Office finding.
- tsimionescu 5y ago
  Apparently this was just changed by the SC in a March 2, 2020 case. There's a citation elsewhere in the thread.
  - dredmorbius 5y ago
    That covers suits against states, not against the US government. The state exemption is apparently based on a sovereignity clause, though ... that seems somewhat twisted and wrong to me. I'm thinking of ways that might exploit this. Say, for the sake of argument, that a state government decided it wanted to host and provide legal cover for Sci-Hub. Or an entity of state government. Maybe, say, the University of California Library.

Unfortunately in the US the government is immune from copyright infringement. PS. Taking it back as I was proven wrong

by FpUser 5y ago

Unfortunately in the US the government is immune from copyright infringement. PS. Taking it back as I was proven wrong

gpm 5y ago

This is incorrect (in the normal civil context), as discussed elsewhere in this thread. But also, I'm suggesting criminally charging the individual officers, not the government. Police officers are not generally immune to criminal laws, so citation requested that they would be in this instance (it is possible, there are certainly some weird exceptions in the law for LEO, but I'm not aware of one here).

FpUser 5y ago
>"But also, I'm suggesting criminally charging the individual officers, not the government." You might have a problem with prosecution agreeing to prosecute such case I think.

dredmorbius 5y ago

False: https://www.nolo.com/legal-updates/u-s-postal-service-liable-for-copyright-infringement-of-las-vegas-statue-of-liberty.html https://www.nolo.com/legal-updates/u-s-postal-service-liable...

FpUser 5y ago
I am glad to be proven wrong.
- mannerheim 5y ago
  States indeed have sovereign immunity from copyright lawsuits: > On March 23, 2020, the Supreme Court held that the provisions of the Copyright Act subjecting states to liability for infringement did not validly abrogate states’ sovereign immunity from suit. As a result, copyright owners suffering infringement by state entities cannot seek the remedies provided by the Copyright Act. https://www.copyright.gov/policy/state-sovereign-immunity/ https://www.copyright.gov/policy/state-sovereign-immunity/
  - dredmorbius 5y ago
    Correct, though the assertion here was that the Federal government has immunity.
    - FpUser 5y ago
      Practically speaking it almost does not matter in this context. Cops playing music will most likely be state cops, not feds.
      - dredmorbius 5y ago
        Police are typically city or county (latter are sheriffs in most states). Not specifically state government in those cases. There are state police, and usually, state highway patrol. In that context, this action as described in the article would itself be an interesting counterargument to the SCOTUS decision / Library of Congress Copyright Office finding.
tsimionescu 5y ago
Apparently this was just changed by the SC in a March 2, 2020 case. There's a citation elsewhere in the thread.
- dredmorbius 5y ago
  That covers suits against states, not against the US government. The state exemption is apparently based on a sovereignity clause, though ... that seems somewhat twisted and wrong to me. I'm thinking of ways that might exploit this. Say, for the sake of argument, that a state government decided it wanted to host and provide legal cover for Sci-Hub. Or an entity of state government. Maybe, say, the University of California Library.