Tenth Circuit: Making Available is Distribution

Cross-posted on the Copyhype blog. Representing himself before the U.S. Court of Appeals for the Tenth Circuit, Andrew Diversey has managed to set a very interesting precedent (opinion available here or here). Senior Circuit Judge Terrence L. O’Brien, writing for a unanimous panel, held that when a library adds a work to its collection, indexes […]

A Fundamental Right to Same-Sex Marriage?

This past Friday, District Judge Robert J. Shelby of the U.S. District Court for the District of Utah held that Utah’s prohibition on same-sex marriage violates the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. While Judge Shelby’s equal protection analysis is fairly mundane at this point, […]