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Journals ACM SIGCAS Computers and Society Volume 19 Issue 2

etween Immunity and Impunity : at Public Institutions* elect for Authors and Copyright Holders Herman J. Woltring Research Associate in Biomedical and Health Technology, Eindhoven University of Technology, The Netherlands (formerly at the VA Hospital and CWRU Medical School, Cleveland, Ohio) The US Supreme Court verdict of March 20, 1989 on the relation between federal copyright law and the 11th Amendment to the US Constitution is front page news in 'Computerworld' of March 27, 1989: LOOPHOLE LETS STATES COPY WITHOUT RISK Washington, DC -Having failed in the US Supreme Court last week, the software industry is turning to Congress for help in closing a legal loophole that allows state agencies and universities to copy software with impunity. The Supreme Court let stand a lower-court ruling in BV Engineering v. University of California at Los Angeles that said the company could not sue UCLA because the US Constitution makes staterun institutions immune from copyright-infringement lawsuits . Under the 11th Amendment to the US Constitution, individual states and state agencies including universities like UCLA are granted sovereign immunity to various parts of federal legislation. (*) Earlier versions of this paper were posted on the following email lists: Usenet's misc .legal

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Between immunity and impunity: respect for authors and copyright holders at public institutions

Woltring, H. J.
ACM SIGCAS Computers and Society , Volume 19 (2)
Association for Computing Machinery – Jun 1, 1989

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