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STATE v. OIDOR

090833172; A145040.

310 P.3d 671 (2013)

258 Or. App. 459

STATE of Oregon, Plaintiff-Respondent, v. Jose Aurelio OIDOR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 5, 2013.

On respondent's petition for reconsideration filed January 23, 2013.

Appellant's response to petition for reconsideration filed February 26, 2013.

Respondent's reply to appellant's response to petition for reconsideration filed March 4, 2013.

Attorney(s) appearing for the Case

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rolf C. Moan , Assistant Attorney General, for petition.

Peter Gartlan , Chief Defender, and Erik Blumenthal , Deputy Public Defender, Office of Public Defense Services, for response.

Before Armstrong, Presiding Judge, and Haselton, Chief Judge, and Duncan, Judge.

PER CURIAM.

The state has petitioned for reconsideration of our decision in this case, seeking clarification of our holding about the preemptive effect of section 301 of the federal Copyright Act, 17 USC § 301, on ORS 164.865(1)(b). The clarification that it seeks is confirmation that section 301 preempts the Oregon statute only for sound recordings that were fixed on or after February 15, 1972. We grant reconsideration and modify our opinion by adding the following...

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