The case has escalated from an initial copyright infringement to broader constitutional violations, highlighting the complexities of intellectual property and state sovereignty.
Allen's claims are rooted in alleged violations of his rights under the Fifth and Fourteenth Amendments amidst North Carolina's new law on public domain for shipwreck media.
The District Court's order indicates that while the CRCA offers some avenues for addressing these claims, it ultimately fell short of effectively abrogating state sovereign immunity.
This litigation encapsulates the tension between governmental actions, individual rights, and the preservation of historical artifacts, illustrating the gray areas of legal interpretation in such disputes.
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