Court analysis – Copyleft takes a step forward
07 October 2011
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Karen Bolipata, New York
Regardless of the outcome, the case of Golan v Holder could be a win for the copyleft movement, which argues that copyright protection favours traditional rights holders more than users.
Charles Colman, a partner of Charles Colman Law, told Managing IP the case might force the Supreme Court to set a standard in determining whether copyright laws are in compliance with the First Amendment.
“Once you have the test, it makes it much easier to bring challenges, even unsuccessful ones,” he added.
On Wednesday, Justice Anthony Kennedy questioned Solicitor General Donald Verrilli’s assertion that the First Amendment did not apply to a copyright.
There must be some kind of test, Kennedy said, to determine whether Section 514 will pass intermediate scrutiny.
Lawyers said Verilli seemed to have made “significant concessions” when the justices asked him about the limits to what Congress can do under the Copyright Clause.
Could Congress,...
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