Thanks to sovereign immunity, Dow Jones adds that when the state's huge pension fund infringed thousands of articles, it was left 'emasculated.'
. However, by the end of the 1990s in a case involving Congress' similar attempt to abrogate state immunity for patent infringement, the high court rejected the argument that Congress had properly exercised its powers under the Fourteenth Amendment to enforce due process guarantees and held that such a law curtailing state immunity couldn't be justified under Article I of the Constitution.
With this context, many outside parties are now weighing in on the case. Yesterday came a flurry of amicus briefs in support of Allen's position. Besides Dow Jones, the Chamber of Commerce, the American Society of Media Photographers, and the Recording Industry Association of America were among those who took the position that under the Fourteenth Amendment, Congress could indeed strip away the ability of states to escape monetary penalties for copyright infringement.
Perhaps the most provocative brief has little to do with entertainment or media. At least directly. Instead, this brief recounts some unexpected fallout from Obamacare. As Oracle's own horror story goes, the company agreed to develop software for Oregon as the state launched a healthcare exchange. "To avoid uncertainty about Oracle’s ability to enforce its copyrights in the software it provided, Oracle negotiated a clear Eleventh Amendment immunity waiver in its contracts with both the state and a public corporation called 'Cover Oregon' that the state created to manage the project," states Oracle's amicus brief .
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