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Sunday, 26 September 2004


The BBC reports that a US judge has struck down anti-bootlegging legislation, dismissing charges against a Manhattan record dealer brought under the law. Judge Harold Baer Jr of New York has said that the law is invalid because, unlike standard copyright protection which is of finite duration, the law places no limit on the duration of the ban on bootlegging. RIAA has condemned the decision.

The IPKat isn’t sure about the judge’s ruling. Unlike an ordinary work that goes out of copyright, with a bootleg version, the copyright owner will not have had a chance to obtain his reward before the protection runs out. Why should a bootlegger ever be permitted to benefit from the fruits of his misdeeds, especially since he has deprived the copyright owner of an opportunity to benefit from the reward he would otherwise obtain.

More bootlegs here, here and here

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