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Old 01-21-2011, 07:35 AM   #4
astrangerhere
Professor of Law
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This is an injunction from publishing based on a copyright violation. Its not a ban of an allegedly purient book. The thread title is misleading, but tech-dirt's use of the word ban was inappropriate as well. I would think that in the case of a site where so many people advocate not pirating and giving authors their due that people would have a little more respect for a decision that protects the original author's work. Copyright law is a complicated animal at the best of times, but as this was a settlement and not an adjudicated case, I can't really speak to whether or not the court got it right.

As to the settlement details, the court can't make the man not dedicate the book to Salinger... that is why this is a settlement not a court order. Clearly that was a term that the Salinger estate brought and that the defendant agreed to. Were a court to order that, it would not, in all likelihood, survive a constitutional challenge.
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