Quote:
Originally Posted by kennyc
Well there is this:
In any event, the evidence now available does not, in
my view, make out a sufficiently strong case for
change. To say *961 this is not to doubt the basic
need to protect copyrighted material from
infringement. The Constitution itself stresses the vital
role that copyright plays in advancing the “useful
Arts.” Art. I, § 8, cl. 8. No one disputes that “reward
to the author or artist serves to induce release to the
public of the products of his creative genius.” United
States v. Paramount Pictures, Inc., 334 U.S. 131,
158, 68 S.Ct. 915, 92 L.Ed. 1260 (1948). And
deliberate unlawful copying is no less an unlawful
taking of property than garden-variety theft.
here:
http://contiguglia.files.wordpress.c...okster-ltd.pdf
(google really is your friend -- even if Amazon isn't  ) |
Yes, that's the quote. It's from MGM v Grokster Ltd. (2005)
http://caselaw.lp.findlaw.com/script...0&invol=04-480
Quote:
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In any event, the evidence now available does not, in my view, make out a sufficiently strong case for change. To say this is not to doubt the basic need to protect copyrighted material from infringement. The Constitution itself stresses the vital role that copyright plays in advancing the "useful Arts." Art. I, §8, cl. 8. No one disputes that "reward to the author or artist serves to induce release to the public of the products of his creative genius." United States v. Paramount Pictures, Inc., 334 U. S. 131, 158 (1948). And deliberate unlawful copying is no less an unlawful taking of property than garden-variety theft. See, e.g., 18 U. S. C. §2319 (criminal copyright infringement); §1961(1)(B) (copyright infringement can be a predicate act under the Racketeer Influenced and Corrupt Organizations Act); §1956(c)(7)(D) (money laundering includes the receipt of proceeds from copyright infringement). But these highly general principles cannot by themselves tell us how to balance the interests at issue in Sony or whether Sony's standard needs modification. And at certain key points, information is lacking.
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