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Posted by Richard Crowley on 11/02/06 21:27
"PTravel" wrote ...
> This judgment has not been overruled. As far as I know, there are no 9th
> Circuit appellate opinions addressing this (though I may be wrong).
> Circuit Courts of Appeal opinions are controlling in their own circuits.
> This is a district court opinion, so it is not controlling anywhere, but
> would be considered extremely persuasive, particularly since it originates
> from the Central District, which, along with the Northen District of
> California, are considered "leading" districts for intellectual property
> law. I haven't read the opinion, but I'm very familiar with Judge Wilson,
> and have litigated before him previously. He's not sloppy and he's very
> smart. This is a significant holding and, contrary to your contention, is
> valid law.
Does this ruling apply to the tool itself, or to how people USE the tool?
Even lock picks have a legitimate use if you are a locksmith, etc. And
fast cars aren't illegal just because bank robbers use them to get away
from the crime-scent/authorities, or even because some people break
the speed limit in them.
Does this actually change the concept of "fair use" or the intent of the
copyright laws?
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