4 ms·

SCOTUSblog analysis: http://www.scotusblog.com/2013/03/opinion-analysis-justices-reject-publishers-claims-in-gray-market-copyright-case/ http://www.scotusblog.c

SCOTUSblog analysis: http://www.scotusblog.com/2013/03/opinion-analysis-justices-reject-publishers-claims-in-gray-market-copyright-case/ http://www.scotusblog.com/2013/03/opinion-analysis-justices-...

ISL 14y ago
Grouping useful stuff together: The opinion itself: http://www.supremecourt.gov/opinions/12pdf/11-697_d1o2.pdf http://www.supremecourt.gov/opinions/12pdf/11-697_d1o2.pdf The dissent is perhaps most interesting.
- CamperBob2 14y ago
  I just love circular reasoning like Ginsberg's. "We should decide this case in Wiley's favor because it's the official policy of the United States to support similar provisions in international agreements." Then, when it's time to negotiate the next ACTA framework or WIPO treaty, we'll fall back to, "Hey, US law works this way, and look how successful it's been for us. Wouldn't the rest of you benighted nations like to enjoy the fruits of our maximalist copyright regime as well?"
WildUtah 14y ago
The older case Costco v. Omega was decided in an unsigned, unexplained per curiam decision. No one outside the court knows which four were on each side. Breyer won six votes for his strong pro-competition, pro-market, IP moderate position. Remember that in Eldred v. Ashcroft (q.v.) Breyer wrote one of two vigorous dissents against the essentially permanent copyright terms now in force. Former justice Stevens was the other. Stevens was also joined by Breyer in the split decision in Bilsky where they won four votes (with Ginsburg and Sotomayor) for serious restrictions on patents for software and business methods and possibly total exclusion from patentability for those arts. In short, Stevens was a great loss and Breyer is still a national treasure. Let's hope we get more like them and fewer like Kennedy, who always seems to be on the wrong side of IP cases. (Alito, Roberts, and Scalia are very bad, too, but haven't been as consistent trying to destroy our industry as Kennedy.)
- tanzam75 14y ago
  Stevens was replaced by Sotomayor, who also voted with Breyer in this case. However, it is certainly true that a junior Associate Justice is not exactly a one-for-one replacement. Stevens' seniority and eloquence gave him an influence that will be hard to match. Ironically, when he first came onto the Court, Stevens was not regarded as a particularly effective Justice, because he wasn't a team player. Perhaps it simply takes time. And in that sense, perhaps we're better off having Sotomayor in place earlier, rather than having Justice Stevens try to serve for a few more years.

ISL 14y ago

Grouping useful stuff together: The opinion itself: http://www.supremecourt.gov/opinions/12pdf/11-697_d1o2.pdf http://www.supremecourt.gov/opinions/12pdf/11-697_d1o2.pdf The dissent is perhaps most interesting.

CamperBob2 14y ago
I just love circular reasoning like Ginsberg's. "We should decide this case in Wiley's favor because it's the official policy of the United States to support similar provisions in international agreements." Then, when it's time to negotiate the next ACTA framework or WIPO treaty, we'll fall back to, "Hey, US law works this way, and look how successful it's been for us. Wouldn't the rest of you benighted nations like to enjoy the fruits of our maximalist copyright regime as well?"

WildUtah 14y ago

The older case Costco v. Omega was decided in an unsigned, unexplained per curiam decision. No one outside the court knows which four were on each side. Breyer won six votes for his strong pro-competition, pro-market, IP moderate position. Remember that in Eldred v. Ashcroft (q.v.) Breyer wrote one of two vigorous dissents against the essentially permanent copyright terms now in force. Former justice Stevens was the other. Stevens was also joined by Breyer in the split decision in Bilsky where they won four votes (with Ginsburg and Sotomayor) for serious restrictions on patents for software and business methods and possibly total exclusion from patentability for those arts. In short, Stevens was a great loss and Breyer is still a national treasure. Let's hope we get more like them and fewer like Kennedy, who always seems to be on the wrong side of IP cases. (Alito, Roberts, and Scalia are very bad, too, but haven't been as consistent trying to destroy our industry as Kennedy.)

tanzam75 14y ago
Stevens was replaced by Sotomayor, who also voted with Breyer in this case. However, it is certainly true that a junior Associate Justice is not exactly a one-for-one replacement. Stevens' seniority and eloquence gave him an influence that will be hard to match. Ironically, when he first came onto the Court, Stevens was not regarded as a particularly effective Justice, because he wasn't a team player. Perhaps it simply takes time. And in that sense, perhaps we're better off having Sotomayor in place earlier, rather than having Justice Stevens try to serve for a few more years.