Re: Florida Pre-paid v. College Savings Bank

On Sun, 4 Jul 1999, Alan Kabat <alankabat[_at_]aol.com> wrote:
>
> Here's an interesting point that was just made about the impact of
> Florida Pre-Paid v. College Savings Bank to the copyright world ---
>
> "This ruling is likely to have serious repercussions in such areas as
> copyright law, where state universities, now chafing under expanded
> copyright protection, might decide to copy and distribute to students
> whatever literature they wish, ignoring the copyright laws but safe
> in the knowledge that they cannot be sued." (S. Sherry, "Some Targets
> Were Larger Than Others," Wash. Post., July 4, 1999, at B-4).

     Remember, the Supreme Court made clear in Alden, decided the same day as College Savings, that the 11th Amendment would not bar injunctive relief against state officials responsible for a continuing violation of federal law under the doctrine of Ex Parte Young. If I thought that my university copy center were going beyond far use, I would not advise them to violate copyright law at will.         

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Professor Paul J. Heald
University of Georgia
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