Re: New fair use case from CA2: American Geophys Union v. Texaco

Charles Oppenheim asks:
>
>
> For the benefit of us outside the USA; now that CA2 has upheld the
> Texaco decision, what happens next? Is this decision final? Will
> it go to a further appeal?

I'm not sure of the precise procedural posture but two things could happen. Texaco could ask for a rehearing en banc (most unlikely that it would be granted) and they could ask for review by the supreme court of the United States. The Supreme Court has taken some fair use cases and this is an interesting one - but one that does not have quite the implications of some others - so I would bet that the case stops here. HOwever, the case is only precedent in the Second circuit (New York, Vermont, and Connecticut) though some other circuits do look favorably on Second Circuit decisions in the intellectual property area.

  Don Berman --  

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