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Re: "GPL requirement could have a chilling effect on derivative distros"
From: |
Alexander Terekhov |
Subject: |
Re: "GPL requirement could have a chilling effect on derivative distros" |
Date: |
Thu, 29 Jun 2006 15:23:06 +0200 |
Apropos preemption...
Looks like Wallace is going to end up in the Supreme Court with that.
------
In addition to statutory preemption, preemption under the Supremacy
Clause of the Constitution must be examined. Even if a particular cause
of action survives a 301 preemption analysis...it still may be preempted
if it "stands as an obstacle to the accomplishment of the full purposes
and objectives of Congress." O'Rourke, supra note 62, at 534; see also
Maureen A. O'Rourke, Fencing Cyberspace: Drawing Borders in a Virtual
World, 82 Minn. L. Rev. 609, 694 (1998) [hereinafter O'Rourke, Fencing
Cyberspace]; Cohen, supra note 11, at 23. For the fundamental statement
of Supremacy Clause copyright preemption, see Goldstein v. California,
412 U.S. 546, 559 (1973). In Goldstein, the Court distinguished three
types of situations: (1) areas in which federal law mandated protection;
(2) areas in which federal law mandated no protection; and (3) areas in
which federal law was silent. See id. Only in the last category of cases
was state law free to operate: "Where the need for free and unrestricted
distribution of a writing is thought to be required by the national
interest, the Copyright Clause and the Commerce Clause would allow
Congress to eschew all protection. In such cases, a conflict would
develop if a State attempted to protect that which Congress intended to
be free from restraint or to free that which Congress had protected." Id.
------
"to free that which Congress had protected" develops a conflict, Supremes
said.
Uhmm.
regards,
alexander.
- Re: "GPL requirement could have a chilling effect on derivative distros", (continued)
- Message not available
- Re: "GPL requirement could have a chilling effect on derivativedistros", Alexander Terekhov, 2006/06/29
- Message not available
- Re: "GPL requirement could have a chilling effect on derivative distros", Stefaan A Eeckels, 2006/06/29
- Message not available
- Re: "GPL requirement could have a chilling effect on derivative distros", Tim Smith, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/28
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/28
- Re: "GPL requirement could have a chilling effect on derivative distros", peterwn, 2006/06/28
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/28
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros",
Alexander Terekhov <=
- Re: "GPL requirement could have a chilling effect on derivative distros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/30
- Re: "GPL requirement could have a chilling effect on derivative distros", peterwn, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", David Kastrup, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", Alexander Terekhov, 2006/06/29
- Re: "GPL requirement could have a chilling effect on derivative distros", David Kastrup, 2006/06/29