In Maverick Recording Co. v. Harper, defendant has filed a petition for certiorari from the Fifth Circuit's ruling which eliminated "innocent infringement" as a defense to any case in which CD's bearing copyrights were sold in stores, even though the copy was not made from such a CD
Petition for Certiorari
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It's an excellent legal question! Exactly the kind the Supreme Court can and should resolve.
ReplyDeleteMaybe it'll help untangle that innocent/"normal"/willful infringement mess, too.
Agreed, Matt, and I think the petition was excellent. Framed the question succinctly.
ReplyDeleteThe question is well posed, but the implications of the case exceed the terms of the petition. For more on the unnerving ramifications for the music industry and the free Internet if the Fifth Circuit decision stands, check out:
ReplyDeleteblog.fixyourmix.com/2010/maverick-recording-company-v-whitney-harper/
This also creates very concerning precident for things like zoning changes and permit applications which many juridictions require to have public access and notice.
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