Last Friday, June 3rd, I posted about a Sixth Circuit panel that reaffirmed a ruling holding that there was no de minimis exception for copying any portion of a sound recording (6th Cir. Reaffirms - No De Minimis Defense in Copying Sound Recordings). Now, copyright scholar William Patry weighs in, and he doesn't like it too much either (The Sixth Circuit Reaffirms Controversial Sound Recording Opinion).

Bridgeport is policy making wrapped up in a truncated view of law and economics, shorn of analysis of all the public interest factors and harm to derivative creators that nuanced exponents, such as Judge Posner, engage in....But in the end, it is creators of new sound recordings who build, transformatively on the works of predecessors who will suffer the most, and thereby all of us. Hopefully cert. will be granted, and the 6th Circuit reversed.