You guys remember John Fucile, right? Well, he’s the guy that got busted for selling copies of his own films on DVD out on the street late last year. On April 21, charges of vending without a license were dropped against John in New York Criminal Court.
Following 56 years of U.S. Supreme Court rulings, which were ultimately consolidated by the U.S. Second Circuit Court of Appeals in 1996 in the Bery case to grant First Amendment protections for the public display and sale of visual art, Judge Jackson held that the First Amendment protects John displaying and selling his films on New York City streets – a landmark ruling. This is crucial because it acknowledges that digial media is every bit as protected as newspapers and oil paintings.