If the fair use doctrine of US Copyright law does permit individuals to make archival and other copies of their properly purchased CDs, DVDs, etc., why doesn't someone or some group file a class action suit against the MPAA or better yet RIAA for forcing these ridiculous limitations on us?
Also, the point has been raised here a number of times, but each time we buy a CD aren't we (as consumers) paying for (a) a license for the content and (b) a particular physical copy. I don't know that anyone has ever litigated (or explained) why my second or replacement CD costs as much as the first. Again this would seem to be ripe for a test case.
Well, you are wrong. Reading legal commentary here is a lot like reading what lawyers have to say about OpenSource, DeCSS, and other issues near and dear to our hearts.
The US Supreme Court remanded the case to the Florida Supreme Court WITHOUT reaching the merits of the case and WITHOUT even considering the federal questions. What does that mean? It means they didn't decide ANYTHING based on federal law.
The supremes sent the case back to Florida because the Florida Supreme Court did not clearly spell out how they reached their decision.
It appears that IF the Florida decision were based on an interpretation of the Florida state constitution, it would possibly be a problem. Remember, the US Constitution gives authority over the presidential election to the state LEGISLATURES.
However, IF the Florida decision were based purely on interpreting the Florida voting statutes, which remember, were enacted by the Florida legislature, then there probably is NO federal issue. It is simply a state court interpreting state election law.
Now we know the 7 justices of the Fla Supreme Court are all democrats, so you can well imagine that when they clarify their ruling, they will be sure to say it was merely an interpretation of state LAW and they wouldn't even DREAM of involving the Fla. constitution.
In my unlearned opinion, the reason today's Leon County decision was delayed is that the judge relied on the Fla constitution in his decision. He's now reconsidering his decision in light of the Supreme Court ruling and taking all references to the Fla constitution out of his decision.
To me, that is a pretty clear sign the Leon County judge will order a recount. Initially, he was probably relying upon the Fla constitution, and now he'll argue the Fla statutes alone require one.
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Also, the point has been raised here a number of times, but each time we buy a CD aren't we (as consumers) paying for (a) a license for the content and (b) a particular physical copy. I don't know that anyone has ever litigated (or explained) why my second or replacement CD costs as much as the first. Again this would seem to be ripe for a test case.
The US Supreme Court remanded the case to the Florida Supreme Court WITHOUT reaching the merits of the case and WITHOUT even considering the federal questions. What does that mean? It means they didn't decide ANYTHING based on federal law.
The supremes sent the case back to Florida because the Florida Supreme Court did not clearly spell out how they reached their decision.
It appears that IF the Florida decision were based on an interpretation of the Florida state constitution, it would possibly be a problem. Remember, the US Constitution gives authority over the presidential election to the state LEGISLATURES.
However, IF the Florida decision were based purely on interpreting the Florida voting statutes, which remember, were enacted by the Florida legislature, then there probably is NO federal issue. It is simply a state court interpreting state election law.
Now we know the 7 justices of the Fla Supreme Court are all democrats, so you can well imagine that when they clarify their ruling, they will be sure to say it was merely an interpretation of state LAW and they wouldn't even DREAM of involving the Fla. constitution.
In my unlearned opinion, the reason today's Leon County decision was delayed is that the judge relied on the Fla constitution in his decision. He's now reconsidering his decision in light of the Supreme Court ruling and taking all references to the Fla constitution out of his decision.
To me, that is a pretty clear sign the Leon County judge will order a recount. Initially, he was probably relying upon the Fla constitution, and now he'll argue the Fla statutes alone require one.