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Obama DoJ Goes Against Film Companies
NewYorkCountryLawyer writes "If one attempted to distill a single prevailing emotion or attitude about government on Slashdot, I think it is fairly arguable that the winner would be cynicism or skepticism. Well here's a story that could make us skeptical and/or cynical about our skepticism and/or cynicism. Chalk one up for those who like to point out that, occasionally, the system does work. You may recall that the US Supreme Court has been mulling over whether to grant the film industry's petition for certiorari seeking to overturn the important Cartoon Networks v. CSC Holdings decision from the US Court of Appeals for the 2nd Circuit. This was the case which held that Cablevision's allowing its customers to make copies of shows and store them on Cablevision's servers for later viewing did not constitute a direct copyright infringement by Cablevision, there being no 'copy' made since the files were in RAM and buffered for only a 'transitory' duration. The Supreme Court asked the Obama DoJ to submit an amicus curiae brief, giving its opinion on whether or not the film companies' petition for review should be granted. The government did indeed file such a brief, but the content of the brief (PDF) is probably not what the film companies were expecting. They probably thought they had this one in the bag, since some of the very lawyers who have been representing them have been appointed to the highest echelons of the Obama DoJ. Instead, however, the brief eloquently argued against the film companies' position, dismembering with surgical accuracy each and every argument the film companies had advanced."
I believe you're trying to be a bit snarky, but you are close to the mark. Try some Greecian Philosophy. Thesis / antithesis is one of the bases of legal argument.
Faster! Faster! Faster would be better!
A PayPal "Donate" button goes a long way..
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Ray Beckerman +5 Insightful
it shouldn't be too surprising... he actively refused donations from lobbyists (snopes confirms)
If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
If you mean that treaties have the same force as statutes enacted by Congress that do not violate the Constitution, then you are right.
That's not exactly correct. If a treaty provision conflicts with, or expands upon, an existing statute, it is invalid. See, e.g., Elektra v. Barker, which held that the WIPO copyright treaty could not vary the terms of the Copyright Act.
Ray Beckerman +5 Insightful
He cares enough about copyright to appoint former RIAA lawyers to the DOJ
The guy he appointed to the top spot was a law school chum, and headed the Obama transition team. Even I do not think he was appointed because he represented the content cartel in copyright infringement cases. He was hired because of their relationship and because Obama obviously placed great trust in him.
Ray Beckerman +5 Insightful