Judges Should Eye Tech Changes In Copyright, Rakoff Says
Law360, New York (November 9, 2012, 8:55 PM EST) -- Federal judges hearing copyright cases may give too much weight to U.S. Supreme Court precedent and fail to take into account changes in technology since the high court's ruling, Judge Jed S. Rakoff of the Southern District of New York said at a symposium Friday.
At the Fordham Intellectual Property, Media & Entertainment Law Journal's annual symposium at Fordham Law School, Judge Rakoff had a spirited debate with Fordham professor Hugh Hansen, who argued that district court judges rarely apply high court precedent in copyright cases and instead let their desire for a given outcome drive their decisions.
"Lower courts will not...
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