Sotomayor

[TYLERTECHSAS]

Or do you not think about stuff liek this Tyler? Do you just let yorself be led by the right-wing media and regurgitate nonsense free of any critical thought or rationale?

We think and reason topics through thoroughly. You guys emotionally rationalize.

[buck_dawg_gold]

They shouldn't have had to because it was a pretty clear case of fair use under the Copyright Act.

I am not an expert on law but does that seem right... Should a person or entity be able to profit off another persons works without paying for the use of that name or works... Why copyright anything if you can claim Fair Use...?

[FishingBack]

Soto on the 2nd amendment:

This past January, the Second Circuit issued its opinion in Maloney v. Cuomo, which Sotomayor joined, ruling that the Second Amendment does not apply against state and local governments. At issue was a New York ban on various weapons, including nunchucks. After last year's District of Columbia v. Heller, which struck down DC's handgun ban, attention turned to whether state and local gun control laws might violate the Second Amendment as well.

"It is settled law," Sotomayor and the Second Circuit held, "that the Second Amendment applies only to limitations the federal government seeks to impose on this right."

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Soooooo does a state have the right to revoke the freedom of speech and of the press?

[Guisslapp]

I am not an expert on law but does that seem right... Should a person or entity be able to profit off another persons works without paying for the use of that name or works... Why copyright anything if you can claim Fair Use...?

The issue is actually very complicated. A copyright gives you certain exclusive rights (they are set out in section 106 of the Copyright Act). However, a copyright only protects expressions and does not protect your "ideas" (section 102(b)). In addition, fair use - a defense set forth in the Copyright Act (section 107) - gives others the right to comment or criticize (among other things) a copyrighted work. The fair use defense is founded in the First Amendment and the Copyright clause of the Constitution.

In this case, Castle-Rock was trying to apply the copyright in the TV show (the copyrighted work) to prevent/stop Carol Publishing from commercializing a work that was essentially a test or quiz about what occured on the show.

The first error was that Sotomayor treated the "invented facts" of the Seinfeld authors as "expressions" instead of ideas. You would need to read previous Supreme Court decisions on the idea-expression issue to appreciate how obvious this error is.

The second error was in her characterization of the work as non-transformative under the fair use test.

My final beef, although it is not technically an error, was that she manipulated the quantity v. quality of the amount "copied" to purposefully find infringement. Anyone familiar with copyright law would appreciate that this was a results-intended decision. She knew the outcome she wanted and she portrayed the facts accordingly. That is very irritating, but not very suprising for a 2nd Circuit copyright opinion. They tend to be biased to copyright holders for obvious reasons.

[Guisslapp]

Soto on the 2nd amendment:

This past January, the Second Circuit issued its opinion in Maloney v. Cuomo, which Sotomayor joined, ruling that the Second Amendment does not apply against state and local governments. At issue was a New York ban on various weapons, including nunchucks. After last year's District of Columbia v. Heller, which struck down DC's handgun ban, attention turned to whether state and local gun control laws might violate the Second Amendment as well.

"It is settled law," Sotomayor and the Second Circuit held, "that the Second Amendment applies only to limitations the federal government seeks to impose on this right."

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Soooooo does a state have the right to revoke the freedom of speech and of the press?

What is interesting is that she probably believes that the 14th Amendment prevents a state from violating all other Constitutional rights.

[Ktulu7]

When does she possibly begin sitting with the Supreme Court? I'm wondering if this will have any bearing on the impending case the feds will have with whoever in Montana violates federal gun regulations with Montana's new state gun laws when they come into effect in October. Then we'll see how she handles the 10th Amendment.

[hookdown]

Surely, she isn't the best choice available.

The real question to ask is: Would she have been chosen if she wasn't female and Hispanic?

[CARTEK]

The real question to ask is: Would she have been chosen if she wasn't female and Hispanic?

Duh!

[Spinoza]

Not impressed, but was not really expecting to be.

DAMN......
I simply cannot believe that Obama opted for Sotomayor over Harriet Miers!

Go figure? :icon_wink:

Cheers and good night.

[CARTEK]

DAMN......
I simply cannot believe that Obama opted for Sotomayor over Harriet Miers!

Go figure? :icon_wink:

Cheers and good night.

They are intellectual equals!

[Cal&Ken]

The real question to ask is: Would she have been chosen if she wasn't female and Hispanic?

There is no question there.

[Champ967]

Legislating from the bench = any decision conservatives don't like.

[DogtorEvil]

Legislating from the bench = any decision conservatives don't like.

Just curious, do you remove your head from your ass when you type or do you do it purely by keyboard feel?

[Champ967]

Now there's an intelligent response.

[DogtorEvil]

Now there's an intelligent response.

Was right up there with that BS that you posted