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Old 11th August 2012
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Originally Posted by bgrotto View Post
Some folks are saying it's not that cut and dry.

Read the article on It's a much more thorough and nuanced analysis, from an actual lawyer.
I have yet to take firm position on the opinion in the instant case; Therefore my following comment is not for the purpose of argument for a particular litigant.

With the above qualification - I would like to point out that while "some" may very well not see it as "cut and dry" - Posner's opinion for the Court is what carries the ultimate weight. What's more his reasoning is that of a Judge. While I give Terry all due respect as a lawyer, and indeed enjoy his thoughtful and insightful views of cases in this area - It appears, at least your comment implies to me that somehow a lawyer whom was not even involved in the instant case has a better reasoned position of the issue then Judge Posner who wrote the opinion?

You may well have meant it differently - However it would surely more prudent for anyone interested in this case or similar issues to first read the full opinion of the court before legal commentary (as brilliant as it may or may not be)

I would like to read the opinion more thoroughly, when I have occasion;

However, it appears to be a well reasoned and intriguing opinion. Of course some will disagree but from my quick reading of it's not based on any quickly constructed "cut and dry" legal reasoning.

I have not read Terry Heart's opinion on the ruling, but Posner is generally known for having intellectual and typically vert well reasoned opinions. In fact, I like many others were quite surprised he took the position he did.

Perhaps it would be of greater import to ponder what this opinion will mean for future issues which share similar aspects to this case.

Particularly as it seems the imbedding of all sorts of content is a rapidly increasing activity along many different social networks.

*Edit I read it more clearly now that you meant to contrast Terry's analysis with that of TechDirt. I stand with my the main point (that people should first read the actual opinion in totality before any other commentary) I do stand corrected insofar as I am sure Terry offered a much better and likely more fair analysis the TechDirt likely did.