A few thoughts after reading the new Garcia decision http://cdn.ca9.uscourts.gov/datastore/general/2015/05/18/12-57302%20EB%20opinion.pdf …
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3) SCOTUS outcome? 10-1 in en banc is pretty significant, also Garcia is only a hard case because of the facts, not because of the law
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4) This was actually new information to me. Extremely bizarre. Still chewing on it.pic.twitter.com/De2zqPomBh
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It reminds me a little of Korean Air threatening to sue KTVU for libel over running the segment with the racist fake pilot names
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In other parts of the world, libel threats operate as proof that you actually give a shit, rather than, well, a frivolous legal threat
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5) Finally, McKeown opinion opens with "The producer—now in jail on unrelated matters" When did this happen??? Why didn't anyone tell me???
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6) Actually, one last thought: Naming the problem makes a huge difference. Kozinski's original opinion didn't talk much about the fatwa.
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McKeown's talks extensively about the fatwa and the death threats that Garcia has received. Of course: that's the harm, not infringement.
Fin de la conversation
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