Educause Security Discussion mailing list archives

Re: How do you handle the P2P problem?


From: "Wada, Kent" <kent () UCLA EDU>
Date: Thu, 13 Nov 2003 10:54:14 -0800

Doesn't an 11th Amendment defense in this context cause a credibility
issue for higher ed? After all, we are both tremendous generators and
tremendous consumers of IP. Strongly asserting our own copyrights but
ignoring others' copyrights doesn't seem to me to put us in a
particularly advantageous light. It's the kind of thing that gives
legislators impetus to correct the balance (say, the Bayh-Doyle Act).

Now, if I had a dime for every time I had to say "I'm not a lawyer,
but..."

-Kent



-----Original Message-----
From: Bob Kalal [mailto:kalal.1 () OSU EDU] 
Sent: Thursday, November 13, 2003 10:23 AM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] How do you handle the P2P problem?

Well Mark, our counsel pointed me to several US Supreme
Court cases and decisions including Seminole Tribe of Florida v.
Florida (1996), and the companion College Savings Bank v.
Florida Prepaid Postsecondary Education Expense Board and
Florida Prepaid Postsecondary Education Expense Board v.
College Savings Bank (1999). All from Florida, makes you
wonder what goes on down there:-).

Bob Kalal


At 12:48 PM -0500 11/13/03, Bruhn, Mark S. wrote:
As far as I know, The Ohio State University is the only campus to use
that argument, and we're just waiting for that to be tested over there.
:)

--

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