Focus (Forum & Focus)
Dec. 3, 2008
The 9th Circuit's Doublespeak
The 9th Circuit has created a confusing patchwork of decisions involving free speech and intellectual property, writes Mark S. Lee. - Focus Column
FOCUS COLUMN
By Mark S. Lee Speech may be "free," but the resources needed to make it cost money. When can constitutional "speakers" take and use others' intellectual property without paying money to the rights owner? With E.S.S. Entertainment 2000 Inc. v. Rock Star Videos Inc., 2008 WL 4791705 (9th Cir. Nov. 5, 2008), the 9th Circuit has given at least four, and perhaps four and a half, answers to that question. E.S.S. held ...For only $95 a month (the price of 2 article purchases)
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