That case and that book
Goddlefrood
gav_fiji at yahoo.com
Sat Apr 26 09:23:54 UTC 2008
> Doddie here:
> Sorry; but this battle is fought here on U.S. territory...this
> one said court battle falls w/in U.S. law
Goddlefrood:
Thought I hadn't noticed did you? Your point was ...
One thing, the law does not exist in a vacuum. In the USA,
despite the lay person possibly thinking otherwise, the Court's
take notice of what happens elsewhere. US Statutes are based on
other countries' statutes as well as being devised and / or
adjusted for state and federal considerations. Where there
might be a gap in precedent - the US has the same Common Law
system that originated in England - the US Courts take note
of decided case law from other common law jurisdcitions.
The US is also a signatory to the Berne Convention and part
of said Convention indicates that each signatory should put
in place Copyright legislation. The US follows the Convention.
Where, and if, which is unlikely, the Copyright Act of 1976
conflicts with the Berne Convention, then it would be the
Convention that prevailed.
Sorry if you feel the US law is paramount, but I'm afraid in
this instance it isn't. It is bound to higher things and each
country that follows the international Convention on copyright
has more or less the same provisions in their own Copyright
laws as would the US.
<SNIP>
> Given the other books published over the years...I do not think
> JKR's case will prevail..
Goddlefrood:
Care to expand on that? Precedent and legal references, s'il vous
plait.
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