Tuesday, October 4, 2011

Streaming video case dismissed - UCLA

Yesterday a judge in Los Angeles dismissed the copyright infringement lawsuit brought by AIME, the Association for Information Media and Equipment, against UCLA.  The lawsuit had alleged that UCLA was infringing copyright by ripping DVDs to create a digital stream, which was then made available through a closed course management system to students in a particular class.  There are several technical issues that dominate the decision, but there is a little bit of good news, hardly definitive, for the fair use claim that was being made by UCLA.

The two major reasons for the decision were sovereign immunity — the doctrine that state entities can seldom be sued in federal court — and lack of standing.  AIME tried to argue that UCLA had waived its sovereign immunity when it signed a contract with AIME, but the judge rejected that argument as too broad.  So a major part of the decision applies only to state entities; it does not translate to private universities.

Source: Scholarly Communications @ Duke

Response from AIME - the Association for Information Media and Equipment 

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