--- From: "Baker, Stewart" <SBakerat_private> To: "'declanat_private'" <declanat_private> cc: "Albertazzie, Sally" <SAlbertazzieat_private> Subject: RE: Paul Levy on Supreme Court's important new trademark decision Date: Tue, 3 Jun 2003 06:25:30 -0400 X-UIDL: 1b13c491e38e59018536d25ddd4ec615 Declan, I was counsel of record for Dastar. Paul's analysis is correct. I suspect the Court took the case in part to demonstrate that, the result in Eldred notwithstanding, the public domain is important and will be protected. In the near term, the case's significance is that it overturns twenty years of lower court decisions allowing writers and composers to sue for "creative credit" on films, tv shows, and recordings. In the longer run, there might be implications for aggressive legal efforts to control use of the public domain or even fair use. There's probably an argument based on Dastar that the DMCA can't be used to enforce a technological lock-up of public domain works, for example. Stewart ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. ------------------------------------------------------------------------- To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
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