Friday, April 30, 2010

Second Circuit reverses Salinger, applies eBay

Pretty much what it says on the tin. Some nice language about the public's independent First Amendment interest in receiving expression, which is especially important in transformative use cases. The Organization for Transformative Works submitted an amicus brief in support of reversal along with the ALA and other free speech organizations.

1 comment:

  1. David Welkowitz3:25 PM

    Thanks for posting this link. I also think it may be significant that, in a footnote, the court emphasizes the commercial aspects of copyright and quotes Judge Leval (as a district judge) stating that "It [copyright protection] is not to coddle artistic vanity or to protect secrecy, but to stimulate creation by protecting its rewards."