William Patry discusses Judge Alito’s decision in one copyright case and thinks that it bodes well: Judge Alito and Copyright
Copyright lawyers should cheer the appointment of Judge Samuel Alito to the Supreme Court. In 2004, Judge Alito was the author of the en banc opinion in Southco, Inc. v. Kanebridge Corp., 390 F.3d 276. He was also the author of a panel opinion in the same case three years earlier, 258 F.3d 148. Both opinions are thoughtful looks at basic questions of originality.
Laura Quilter looks at Judge Alito’s record on copyright, First Amendment and internet law cases: Alito on Copyright, First Amendment, Cyberlaw:
I haven’t found much in the 3rd Circuit case law that suggests Alito has dealt with a lot of the most pressing copyright questions or the constitutional copyright questions, beyond originality. He has been good on originality, and in general he appears to be careful and thoughtful about copyright.
C.E. Petit is “not entirely displeased” with the Alito nomination, but thinks the Court could use a justice versed in the scientific method: Scrivener’s Error: Just a Short Note:
What really bothers me, though, is that there hasn’t been a scientist on the Court in a looooooooooong time. The closest we’ve come has been Justice Blackmun, and that’s far from satisfactory. Instead, we have something much closer to Paul V trying to determine whether the Earth really did move after condemning to Galileo.1 Some of the greatest errors in administrative law (and, to a lesser extent, in intellectual property law) have come because the Justices, their clerks, and the lawyers arguing before them had not internalized the scientific method… and thereby missed significant policy implications.
Copyright may be one of the more interesting, but in all likelihood not the most important issue on which the next Supreme Court justice will rule. Scotusblog (not surprisingly) offers a solid roundup of reactions from bloggers and interesst groups: Blog Coverage of the Alito Nomination
