Not entirely: https://en.wikipedia.org/wiki/Cariou_v._Prince
No definitive decision, and the case was settled.
Not entirely: https://en.wikipedia.org/wiki/Cariou_v._Prince
No definitive decision, and the case was settled.
"The court found 25 of 30 works to be transformative fair use under its standard, and remanded the case to the lower court for reconsideration of 5 of the works under the Second Circuit's new standard."
"On March 18, 2014, Cariou and Prince announced that they had settled the case."
Seems like they mostly found for him, but not 100%. And before the lower court could have the final say, I'm guessing Prince settled out of court. The last thing he needs is any judgment against him. Seems like that could open him up to a flood of lawsuits.
So it's kind of ambiguous. And, yeah, probably only ambiguous because he has the cash to put up a fight.
> No definitive decision, and the case was settled.
Both statements are factually wrong. I'm not saying I agree with the Second Circuit's decision, I'm saying that there was a definitive decision, the case was not settled.
And I'm not sure a single appeal constitutes "perpetual."