The Duke Library blog may well be worth reading.
Brigid Duffy
Academic Technology
San Francisco State University
San Francisco, CA 94132-4200
E-mail: bdu...@sfsu.edu
From: Media in Education [medi...@listserv.binghamton.edu] on behalf
of Ted Langdell [t...@tedlangdell.com]
Sent: Tuesday, October 04, 2011 12:43 PM
To: medi...@listserv.binghamton.edu
Subject: Re: [MEDIA-L] DISMISSED--AIME v UCLA, Mon. Oct. 3, 2011--
(Was [MEDIA-L] Phase out of VCR's--Replacement by streaming media?)
On Oct 3, 2011, at 9:14 PM, Deg Farrelly wrote:
The conversion to digital files without licensed permission is at
the core
of the lawsuit between UCLA and AIME (Ambrose Digital)
This case is far from resolved.
The case was dismissed yesterday in a Los Angeles courtroom. Here's
the ruling as a PDF:
http://www.aime.org/news.php?download=nG0kWaN9ozI3plMlCGRm&u=111004120000
The Duke library blog summarizes:
http://blogs.library.duke.edu/scholcomm/2011/10/04/streaming-video-case-dismissed/
The federal judge said that AIME did not have standing to sue, and
that the argument that UCLA had waived its right to Sovereign
Immunity was too broad.
UCLA argued that under Soveriegn Immunity, the State of California —
and the state university, by extension—couldn't be sued in Federal
Court without the State of California's permission.
What wasn't decided—blogger Kevin Smith, J.D. notes—was the issue of
copyright. He says that issue turned on the language of the license
AIME granted regarding public performance.
Smith says the judge "seems to accept withouth discussion two
assertions—that streaming is not a "distribution" such as to
infringe the exclusive right to authorize distribution, and that
copying incidental to a licensed right (the right of public
performance) was fair use."
The last two paragraphs of Smith's blog post outline what claims
AIME can refile, the time limit and limits against the parties who
can be sued.
Smith's conclusion: The issue of streaming video as a fair use
hasn't been decided.
Hope this is helpful.
Ted
Ted Langdell
flashscan8.us
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