9th Circuit Court Discusses Group Registration in the Alaska Stock Case

[Greg Troy (KeepFighting)]

Oscar found this audio recording of arguments on the Alaska Stock group registration case .  It is about 41 minutes long but what I could follow of it was very interesting.  I have made some note on some legal terms I will need clarification on.

http://www.ca9.uscourts.gov/media/view.php?pk_id=0000007866

Thanks for sharing this with us Oscar!

This recording was from 7/27/2011

[Greg Troy (KeepFighting)]

Here is the answer to one of my questions I had where they continue to reference a "Chevron Deference"

http://www.law.cornell.edu/wex/chevron_deference

[Oscar Michelen]

My friend Russel Jackson is the one arguing on behalf of Houghton Mifflin (which is our side of the argument). One of the judges kept asking him a question which I think displayed that the court really did not understand what was being argued. The judge repeatedly asked Russell if Alaska Stock's catalog wasn't clear and easy enough to follow so that if someone was looking for an image from Alaska Stock they would be able to find it and the know it was a copyrighted image. While I think Russell tried as best he could under limited time to answer this - what the court fails to realize is the way the internet works. The images come up on a random search done by folks on Google and they right click and save it without knowing sometimes even where its coming from. The argument is that once a claim comes in , if I went to the Copyright Office to try and find the image I would not be able to because of the way they have registered the images.   

[Greg Troy (KeepFighting)]

I noticed that and they would not let them answer the question before asking something else.  It was very interesting for me to learn a little of how this stuff works in the court room.

[Oscar Michelen]

That's called a "hot bench." The 9th Circuit is know as a very hot bench.  You have to answer immediately and then start talking again to try an d get your points in. If you leave any lull in what you are saying they are going to fire another question at you.