Re: Florida Pre-paid v. College Savings Bank

On Mon, 05 Jul 1999, Paul Heald <heald[_at_]arches.uga.edu> wrote:
>
> 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.
>

Well, if the only risk is prospective injunctive relief, why not go forth and infringe boldly until you are caught?

A greater possible deterrent is personal liability for damages, but it seems unlikely that individual copy center employees will be sued in their personal capacities.

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Tue Jul 06 1999 - 16:01:27 GMT