a mad tea-party
June 02, 2003
Joy!

I just finished reading the slip opinion* in Dastar v. Fox and was shocked and amazed that the Supreme Court actually decided this one correctly. I thought it was perhaps an overly technical way of making the case that this particular claim caused a conflict in copyright and trademark law, but happy that the the Justices got the real issue. After reading the oral arguments, I wasn't 100% sure they did (in arguments they were obsessed with derivative works, which Scalia pretty much dismisses [p.7]).

Today I like Scalia, which is at least unusual.

*As usual, thanks to Howard!

UPDATE: I almost forgot my favorite phrase: "species of mutant copyright law." Note that's note mutant species of copyright law. Does this imply there are other species of mutant copyright law? hmm.

And if you're totally confused and have no idea what I'm talking about, just go read the opinion. It's only 15 pages long and includes all of the relevant facts.

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