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by tyre 1807 days ago
This could either be:

1. a fascinating Supreme Court opinion.

2. a frustrating ruling because SCOTUS doesn't understand software and code.

3. the type of anti-anticlimactically(?) narrow ruling typical of the Roberts court.

While our Congresspersons can't seem to wrap their minds around technology/social media, I think SCOTUS would understand this one enough to avoid (2).

2 comments

Fair use cases tend to produce narrowly-written law because the outcomes hinge on how the court judges the facts against the list of factors codified in the Copyright Act (17 U.S.C. section 107). The courts don't really have breathing room to use a different test. I don't recall any cases in which the courts have set binding guidelines for interpretation of these factors.
The Google vs Oracle case showed that SCOTUS can handle technical topics