Thursday, May 27, 2010

Petition for certiorari filed on 'innocent infringement' defense in Maverick v Harper

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

Commentary & discussion:


Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player


Matt Fitzpatrick said...

It's an excellent legal question! Exactly the kind the Supreme Court can and should resolve.

Maybe it'll help untangle that innocent/"normal"/willful infringement mess, too.

raybeckerman said...

Agreed, Matt, and I think the petition was excellent. Framed the question succinctly.

Phil Hill said...

The 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:

Dan said...

This also creates very concerning precident for things like zoning changes and permit applications which many juridictions require to have public access and notice.