Follow up questions on state university copyright immunity case – Marketing Information Masters v. Trustees of the California State University

2 03 2009

We return to our interview with Jonathan Pink, partner at Lewis Brisbois Bisgaard & Smith. Jonathan Pink represented the defendants in Marketing Information Masters, Inc. v. The Board of Trustees of the California State University System, et. al. (06cv 1682 JAH, SDCA February 5, 2008).

Minow: Your case about the copyright immunity of a state university has attracted a lot of attention (see Slashdot).

Here are a couple of follow up questions. When is a state employee acting in an “official” capacity (and thus enjoying state immunity) versus an “individual” capacity (and thus facing copyright liability)?

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