Thursday, November 29, 2012
Case Against UCLA For Streaming Licensed DVDs To Students Dismissed Yet Again; TechDirt.com, 11/26/12
Mike Masnick, TechDirt.com; Case Against UCLA For Streaming Licensed DVDs To Students Dismissed Yet Again: "A few years ago we wrote about how UCLA professors were barred from continuing an existing program in which they had streamed properly licensed DVDs to students. The lawsuit came from the Association for Information Media and Equipment (AIME). We noted that one of the key aspects of "fair use" is supposed to be that it allows for educational use, and it seemed ridiculous that any such streaming wasn't fair use. After thinking it over, UCLA decided to stand up for itself and put the videos back online. AIME sat on this for eight or nine months and finally sued, arguing that its contract with the University meant that UCLA had given up its fair use rights, and that even if it was fair use, it was a breach of contract. A year ago, the judge dismissed the case, mostly focusing on the question of whether or not AIME even had standing to sue and whether or not, as a state university, UCLA could hide behind a sovereign immunity claim. AIME filed a new (amended) complaint against UCLA... which basically restated everything it had lost over, and then added a few claims. The court apparently was not impressed. It just dismissed the case all over again with prejudice, meaning that AIME can't just refile."