It’s perhaps a little surprising, but it seems that Scalia was often on the same side as copyright reformers—helping to define fair use, insisting trademark not be permitted to trump the public domain, and feeling Aereo should have been permitted to continue. Of course, the cases where he wasn’t were some of the more important ones—most notably Eldred v. Ashcroft and Golan v. Holder.
It’s perhaps a little surprising, but it seems that Scalia was often on the same side as copyright reformers—helping to define fair use, insisting trademark not be permitted to trump the public domain, and feeling Aereo should have been permitted to continue. Of course, the cases where he wasn’t were some of the more important ones—most notably Eldred v. Ashcroft and Golan v. Holder.
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