Archived posting to the Leica Users Group, 2000/11/21

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Subject: Re: [Leica] Re: don't be a smart-ass
From: chucko@siteconnect.com (Chuck Albertson)
Date: Tue, 21 Nov 2000 13:24:27 -0800
References: <200011200020.QAA10651@spoon.alink.net> <002e01c053be$880b2fa0$aae7fcce@osprey> <3.0.6.32.20001121142330.00965100@pop.microtec.net>

Basically (very basically), it says that states are immune from suits filed
in the federal courts. Exceptions are where the Congress has specifically
authorized particular claims (thoough these exceptions are being rolled back
by the current Supreme Court), and there are sometimes issues regarding
whether a particular entity is really an agency of a state government.

Chuck Albertson
Seattle, Wash.

- ----- Original Message -----
From: "Dan Cardish" <dcardish@microtec.net>
To: <leica-users@mejac.palo-alto.ca.us>
Sent: Tuesday, November 21, 2000 11:23 AM
Subject: Re: [Leica] Re: don't be a smart-ass


> For those of us who are not Americans, can you explain exactly what the
> 11th ammendment to the US Constitution is?
>
> thanks,
>
> dan c.
>
> At 10:05 AM 21-11-00 -0800, Chuck Albertson wrote:
> >Jim can speak as to his own experience, but there are a number of recent
> >cases in which state governments and their agencies have successfully
fended
> >off copyright infringement claims (among other claims) by asserting their
> >immunity from suit under the Eleventh Amendment to the U.S. Constitution.
> >
> >Chuck Albertson
> >Seattle, Wash.
> >
> >----- Original Message -----
> >From: "Paul Arnold" <osprey@bmt.net>
> >To: <leica-users@mejac.palo-alto.ca.us>
> >Sent: Tuesday, November 21, 2000 5:25 AM
> >Subject: Re: [Leica] Re: don't be a smart-ass
> >
> >
> >> Jim --
> >>
> >> This is a curious situation, an entity not being bound by copyright
laws
> >> solely because it is a governmental body. Can you cite a legal
authority
> >for
> >> this? Do you base it on personal experience? Is it just something you
> >"heard
> >> at the club"?
> >>
> >> I'm very curious to know if this statement of the law is accurate.
> >>
> >> Thanks.
> >>
> >> -- Paul Arnold
> >>
> >>
> >> ----- Original Message -----
> >> From: "Jim Brick" <jim@brick.org>
> >> To: <leica-users@mejac.palo-alto.ca.us>;
> ><leica-users@mejac.palo-alto.ca.us>
> >> Sent: Sunday, November 19, 2000 5:18 PM
> >> Subject: [Leica] Re: don't be a smart-ass
> >>
> >>
> >> > At 03:10 PM 11/19/00 -0800, Douglas Herr wrote:
> >> > >
> >> > >A long time ago I might have answered "Duhh!" but an excess of
> >experience
> >> > with this sort of response has taught me to behave politely.  I
answered
> >> in
> >> > the affirmative, and the other guy then told me that he works for the
> >city
> >> > [of West Sacramento] and could I let him know when the pictures are
> >> > developed, since he wants to buy some for the walls of city offices.
> >He's
> >> > the director of the city's Parks and Recreation department.  We
exchange
> >> > business cards and we part with a handshake.  "Sorry to bother you"
he
> >> > says.  "No problem" I replied.
> >> > >
> >> > >Doug Herr
> >> >
> >> >
> >> > Beware Doug, when you sell photographs to any "government" agency,
they
> >> can
> >> > do with it what ever they please. Copyright does not effect them.
They
> >own
> >> > whatever you give them and can scan it, copy it, use it anywhere
anytime
> >> > without your permission or remuneration to you.
> >> >
> >> > Jim
> >> >
> >>
> >>
> >
> >
> >

Replies: Reply from "B. D. Colen" <bdcolen@earthlink.net> (Re: [Leica] Re: don't be a smart-ass)
In reply to: Message from Jim Brick <jim@brick.org> ([Leica] Re: don't be a smart-ass)
Message from "Paul Arnold" <osprey@bmt.net> (Re: [Leica] Re: don't be a smart-ass)
Message from Dan Cardish <dcardish@microtec.net> (Re: [Leica] Re: don't be a smart-ass)