Re: preemption

On 11/2/99, Scott Brody <asbrody[_at_]earthlink.net> wrote:
>
> There is a state action tantamount to a federal copyright action. It
> is Plagerism. At least there was about 12 rears ago, which was the
> last time I was involved in litigation of this sort. The elements of
> proof, as I recall, were virtually identicle to the Fed action. Of
> course it can be removed to fed court if defendant so chooses.

Plagiarism would assumedly lie, where there is such a cause, whether or not the the work is "copyrightable" unless state law imports the definition of copyrightable in the plagiarism action. In either event, I think its preempted. I've never heard of such an action, but assuming it exists, on what grounds (other than diversity) could you remove it to federal court?

John Noble
<jnoble[_at_]dgsys.com> Received on Wed Nov 03 1999 - 22:25:32 GMT