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A state government that infringes someone's copyright doesn't have to worry about getting sued, the Supreme Court ruled on Monday. The high court held that federalism trumps copyright law, effectively giving states a free pass.
The case pitted a North Carolina videographer, Frederick Allen, against the state of North Carolina. The state was the legal owner of a famous shipwreck, the Queen Anne's Revenge. It was the flagship of legendary pirate Blackbeard until it ran aground off the coast of North Carolina in 1718. A company discovered the wreck in 1996 and got a contract from the state to do recovery work. The company hired Allen to document those efforts with photos and videos.
Allen spent more than a decade documenting the recovery operation, and he retained copyright protection for his work. But North Carolina published some of his photos on its website without permission. Eventually, the state agreed to pay Allen $15,000 in compensation. But then North Carolina published his work online a second time without permission, and Allen sued.
The Tar Heel state argued that Allen's lawsuit should be dismissed under the principle of sovereign immunity. Since the 1990s, a series of Supreme Court rulings has severely limited the ability of individuals to sue state governments.
Source: ArsTechnica
(Score: 1) by fustakrakich on Thursday March 26 2020, @11:10PM (5 children)
There's only one way, to do it peacefully, I mean..
La politica e i criminali sono la stessa cosa..
(Score: 4, Interesting) by exaeta on Friday March 27 2020, @12:17AM (3 children)
There are at least two. 1. Appoint judges that care about the constitution's text more than precedent since sovereign immunity isn't actually supported by the text of the constitution. 2. Or just amend the constitution.
A lot of people aren't aware that the text of the 11th amendment doesn't act as an absolute bar to suits against states, only to diversity jurisdiction against states in federal court. But the sumpreme court, despite acknowldgeing that this is how a literalist would interpret the amendment, decided to give the unwritten "intent" of the drafters priority over the damn text. And we've been stuck with that mistake for around 200 years.
The Government is a Bird
(Score: 1) by fustakrakich on Friday March 27 2020, @12:48AM (2 children)
There are at least two. 1. Appoint judges that care about the constitution's text more than precedent since sovereign immunity isn't actually supported by the text of the constitution. 2. Or just amend the constitution.
Yes, that goes without mentioning. I'm asking if you are aware of the first step that must be taken, before any of that other stuff can even begin.
La politica e i criminali sono la stessa cosa..
(Score: 2) by exaeta on Friday March 27 2020, @02:45PM (1 child)
The Government is a Bird
(Score: 1) by fustakrakich on Friday March 27 2020, @03:09PM
Do you know the process for replacing those judges and politicians? Where it begins? Who decides?
La politica e i criminali sono la stessa cosa..
(Score: 2) by DannyB on Friday March 27 2020, @06:29PM
There is usually more than a single way to do it.
To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.