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Does Blackbeard Signal the End of State Immunity for Copyright Infringement?

Discussion in 'Scuba Related Court Cases' started by nautilusvideo, Oct 29, 2017.

  1. nautilusvideo

    nautilusvideo Angel Fish

    # of Dives: 1,000 - 2,499
    Location: Fayetteville, NC
    56
    22
    8
    In 2013, Allen found out that the state of North Carolina had allegedly been using his videos online without his consent. While the parties entered into a settlement agreement, requiring the State to compensate Allen for the use of the copyrighted material prior to the settlement date, Allen found out that the State had continued to use Allen’s copyrighted works after the settlement agreement without compensation both online and in print. In addition, the State government passed a law making all photographs and video material of shipwrecks in custody of North Carolina public record and available for use without limitations. As a result, Allen filed this suit for declaratory judgment, arguing that the statute violates the Takings and Due Process clauses of the Constitution. While Judge Boyle found for Allen, the State has now appealed to the Circuit Court. Land Ahoy! Does Blackbeard Signal the End of State Immunity for Copyright Infringement? - copyrightalliance
     
    Bubblesong likes this.
  2. Bert van den Berg

    Bert van den Berg Solo Diver

    # of Dives: 2,500 - 4,999
    Location: New Zealand
    320
    210
    43
    Go Allen! Hope you win.

    This ScubaBoard member was the one who filed the original lawsuit against the State of California that resulted in the Copyright Remedy Clarification Act in 1990. We caught UCLA copying 11 different engineering software programs that we developed (Bert van den Berg Engineering - BV Engineering for short).

    If a private college like USC had been caught they would be in trouble but UCLA, being a state University can try to get away with stealing. It appears that the States have not yet learned their lesson and need a serious dressing down to make them pay attention.
     
    nautilusvideo and RayfromTX like this.
  3. The Chairman

    The Chairman Chairman of the Board

    # of Dives: I just don't log dives
    Location: Cave Country!
    51,785
    17,651
    113
    Good luck, guys.
     
    nautilusvideo and RayfromTX like this.
  4. Bert van den Berg

    Bert van den Berg Solo Diver

    # of Dives: 2,500 - 4,999
    Location: New Zealand
    320
    210
    43
    It's not easy fighting a government that uses your own tax dollars to fight you but as the quote goes "
    All that is required for evil to prevail is for good men to do nothing. "
     
    nautilusvideo and Sam Miller III like this.

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