Re:Temporary National Emergency Library to close 2 weeks early
by ashtonkem on Sunday June 14, 2020 @09:10PM
(#23522904)
The dynamic here is exactly why a lot of fundamental questions rarely get litigated; both parties are terrified that a court case against them will create long term precedent. So they usually negotiate a compromise before the court decides.
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Re:Temporary National Emergency Library to close 2 weeks early
by sjy on Sunday June 14, 2020 @11:22PM
(#23523460)
I think this is why the debatable proposition that samples used in hip-hop and mashups need to be cleared with the copyright holder (rather than being fair use) has never been decided by the Supreme Court. Nobody ever sued Girl Talk over it, because if he fought back there was a risk that the existing pro-copyright decisions like https://en.wikipedia.org/wiki/Bridgeport_Music,_Inc._v._Dime... would be overruled.