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Texas court: state institutions can steal... eh... use your property

Discussion in 'U.S. Politics' started by Walter, Jun 17, 2019.

  1. Walter

    Walter Administrator Staff Member

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  2. dogtowner

    dogtowner Moderator Staff Member

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    Thats an interesting case.
    Hard to comment as Texas has some unique things things in its constitution. "Sovereign immunity" sounds like it may be one.
    I'm also wondering if he had permission from the university to be collecting pictures to be sold commercially.
    In any event, the conclusion that anything coukd be used seems a stretch.
     
  3. Walter

    Walter Administrator Staff Member

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    The arguments of the university were:
    "a copyright is not property under the federal or state takings clauses. The University then argues that, if a copyright is property under the federal or state takings clauses, its copyright infringement of Olive's photograph is not a taking, that it lacked capacity to take Olive's copyright property"
    See https://casetext.com/case/univ-of-hous-sys-v-jim-olive-photography
     
  4. dogtowner

    dogtowner Moderator Staff Member

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    Was slogging through the case text. Pretty convoluted but it seems it was not so clean as it seemed. This summary helps but understanding the "why" gets complicated.

    Conclusion
    Because Olive has not pleaded a viable takings claim, the trial court should have granted the University's plea to the jurisdiction and dismissed Olive's takings claims for lack of subject-matter jurisdiction. We vacate the trial court's order denying the University's plea to the jurisdiction and dismiss this cause for lack of subject-matter jurisdiction.
     
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