Supreme Court: There's No 'Time Limit' on Copyright Infringement Claims(torrentfreak.com)
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Supreme Court: There's No 'Time Limit' on Copyright Infringement Claims
https://torrentfreak.com/supreme-court-theres-no-time-limit-on-copyright-infringement-claims-240510/
54 comments
It isn't exempt from anything; the majority opinion says "The Act’s statute of limitations establishes a three year period for filing suit, which begins to run when a claim accrues."
The question is when the claim accrues. As in your example of CSA cases, they decided it's from when the victim discovers the crime and not when the crime occurred.
The question is when the claim accrues. As in your example of CSA cases, they decided it's from when the victim discovers the crime and not when the crime occurred.
Are Conflict of Interest cases against the court exempted from the Statute of Limitations?
Can commuted and pardoned cases be reheard once the elected executive is out of office, if there no limit to the statute of limitations?
(Ludicrous that the court would consider total immunity for an executive of one branch, by the way.)
Can commuted and pardoned cases be reheard once the elected executive is out of office, if there no limit to the statute of limitations?
(Ludicrous that the court would consider total immunity for an executive of one branch, by the way.)
They didn’t even have an ethics code until last year. The new one isn’t great , either. https://www.brennancenter.org/our-work/analysis-opinion/new-...
> The rules themselves are weak. Consider recusal, when justices step aside from considering a case. The justices took the rule that applies to lower court judges but then inserted a handful of new loopholes, including one that could be so big that it swallows the rule — basically allowing a justice to disregard a required recusal if they think their vote is needed in the case. And the financial disclosure rules haven’t tightened at all — a significant shortcoming, since the justices have proven themselves troublingly adept at sidestepping the current rules, whether for RVs, tuition, fishing trips, or real estate deals.
> The rules themselves are weak. Consider recusal, when justices step aside from considering a case. The justices took the rule that applies to lower court judges but then inserted a handful of new loopholes, including one that could be so big that it swallows the rule — basically allowing a justice to disregard a required recusal if they think their vote is needed in the case. And the financial disclosure rules haven’t tightened at all — a significant shortcoming, since the justices have proven themselves troublingly adept at sidestepping the current rules, whether for RVs, tuition, fishing trips, or real estate deals.
Can the executive terminate the employment contract of a nominated director of a DOJ employee, if there are to be three separate branches of government?
Who said anything about the executive?
You simply can’t file a “conflict of interest” case against SCOTUS. At all. The statute of limitations is a femtosecond.
That said, the DOJ is executive, not judicial. The courts are not part of it.
You simply can’t file a “conflict of interest” case against SCOTUS. At all. The statute of limitations is a femtosecond.
That said, the DOJ is executive, not judicial. The courts are not part of it.
Ah, because the DOJ Department of Justice != the Judicial Branch.
Can SCOTUS censure Members of Congress or the Executive, then?
If there are insufficient checks and balances there should be Amendments to preserve separation of powers amongst the branches.
Can SCOTUS censure Members of Congress or the Executive, then?
If there are insufficient checks and balances there should be Amendments to preserve separation of powers amongst the branches.
The DOJ is literally part of the executive branch
There is a nomination procedure which requires (?) Congressional confirmation, but Congress has no recourse for obstructive termination of a nominated director by the executive?
Isn't that the wolf guarding the hen house; i.e. what the founders expressly intended to prevent?
Isn't that the wolf guarding the hen house; i.e. what the founders expressly intended to prevent?
The recourse is impeachment.
With the war powers authorized in the 2000s, there's more than impeachment.
Are they American? Where is their birthy certy? (Is there Habeas Corpus for all persons. "You're not even American!")
If the executive is totally immune, they wouldn't need to assist a foreign country illegally in order to get Congress to grant them extra power.
Are they American? Where is their birthy certy? (Is there Habeas Corpus for all persons. "You're not even American!")
If the executive is totally immune, they wouldn't need to assist a foreign country illegally in order to get Congress to grant them extra power.
Voluntary non-binding code of ethics.
> Can commuted and pardoned cases be reheard once the elected executive is out of office, if there no limit to the statute of limitations?
That would be a double-jeopardy issue.
That would be a double-jeopardy issue.
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Isn't the ruling because there is no overarching federal statute of limitations?
The title is not accurate.
The Court clarified that the time limit is 3 years from discovering the infringement, not 3 years from when the infringement took place.
The Court clarified that the time limit is 3 years from discovering the infringement, not 3 years from when the infringement took place.
I dont get why people elsewhere on this thread are so up in arms about it - it seems like a perfectly reasonable interpretation of federal law, consistent with other kinds of civil claims.
Tying the ability to recover damages not to the date of the action that caused the loss, but rather to when you discovered the loss seems more reasonable.
Tying the ability to recover damages not to the date of the action that caused the loss, but rather to when you discovered the loss seems more reasonable.
In general, tying statute of limitations to discovery rather than date of occurence is a bad idea because it extends liability infinitely and rewards incompetence on the victim side, which is egregious in general, but especially egregious in civil matters.
The problem I can see is the extension of the period of damages. There is an argument to be made that there should probably be a statutory cap on years for damages accrual rather than just 'as long as you infringed,' but that's for the legislature to do.
I agree generally that there needs to be a cap on damages.
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Unfortunately, this is probably the correct decision. It's not the SCOTUS's job to determine what a "good" law versus a "bad" law is, unless it directly violates the constitution - which, when the constitution specifically says copyright is acceptable, and says nothing about a requirement for any statute of limitations, this clearly isn't.
People tend to mistake what the job of the Supreme Courts is. It is not as some form of vindictive righteousness body.
Supreme courts are there to uphold the definite letter of the law. If laws are bad/outdated or otherwise improper, it's up to the other branches of government to change them.
Supreme courts are there to uphold the definite letter of the law. If laws are bad/outdated or otherwise improper, it's up to the other branches of government to change them.
Copyright is going to be tested to its limits in the next few years
I wonder what the evolution of copyright will look like
I wonder what the evolution of copyright will look like
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LocalH(1)
No time limit for copyright claims but very strict limits for anything to do with labour rights - and they still keep telling us it's a country of laws.
It would be nice to have some mechanism to force the various branches of government to pass laws that oppose their own collective self-interests but advance the interests of the populace.
Sure. Get a majority of people and a majority of states to vote for it. That's the mechanism.
There...is... It's even in the bill of rights, it's just not very pleasant.
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I mean, it is a country of laws. Just...some of those laws are pretty bad. For what it's worth, the Court in this case is narrowly focused on correcting a lower court's interpretation of the Copyright Act, not something in the Constitution or something fundamental, and on a first glance, I at least feel that their conclusion is highly justifiable. That doesn't mean the Copyright Act isn't fundamentally broken (it is, on my opinion), but that's trivially fixable by Congress if we get appropriately minded representatives.
The doctrine of adverse possession is well-established, at some point there has to be certainty about who owns what. Look at East Germany after reunification if you don't believe, the fights over real estate seriously delayed rebuilding.
But for copyright adverse possession doesn't apply - it's understandable why the music industry would have the Court say so.
But for copyright adverse possession doesn't apply - it's understandable why the music industry would have the Court say so.
Minority rule by design (or originalists), a perspective:
https://www.npr.org/2024/04/22/1246297603/ari-berman-minorit...
Are federal CSA cases exempted from the federal statute of limitations then?
For CSA cases, e.g. California has: two (2) years from when the victim remembers IIUC?