[License-review] An aside about CRCA and open source licenses
cowan at mercury.ccil.org
Sat Sep 12 02:55:06 UTC 2015
Lawrence Rosen scripsit:
> "A statute that clearly invokes the constitutional provision on which
> Congress is relying to pass it 'precludes consideration' of alternative
Interesting in that it undermines legal positivism once and for all.
My father would be happy. :-)
> As for suing certain defendants in their "official" or "individual"
> capacities.... Interesting case for HR lawyers, but I assume that
> the State of Kentucky paid the defendants' legal fees.
That's why a certain copyright-law case was Ashcroft v. Eldred instead of
U.S. v. Eldred. The AG wasn't out of pocket for it.
> [Can someone find out what happened with this case after the March 2014
As far as I can tell, nothing. The CRCA has been held unconstitutional
in the 1st, 2nd, 4th, 5th, 6th, 9th, and 11th Circuits, so it's probably
just a matter of time before it dies altogether. Wikipedia says no
court has enforced it against any state.
John Cowan http://www.ccil.org/~cowan cowan at ccil.org
You're a brave man! Go and break through the lines, and remember while
you're out there risking life and limb through shot and shell,
we'll be in here thinking what a sucker you are! --Rufus T. Firefly
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