Post #55,304
10/7/02 2:56:48 PM
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Mickey Mouse case to be heard by Supreme Court on Wednesday
[link|http://www.boston.com/dailynews/280/region/Supreme_Court_scheduled_to_hea%3A.shtml|URL]
"A civilian gang of thieving lobbyists for the military industrial complex is running the White House. If to be against them is considered unpatriotic -- Hell, then call me a traitor."
-- Hunter S. Thompson
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Post #55,316
10/7/02 3:32:04 PM
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I can't *WAIT* for this one.
End of world rescheduled for day after tomorrow. Something should probably be done. Please advise.
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Post #55,318
10/7/02 3:41:10 PM
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Is this true?
"Nobody has ever attacked the extension of copyright before," said Lionel Sobel, editor of the Entertainment Law Review. Maybe no one has gotten a case to the Supreme Court before, but this is cefinitely not the first time it's been attacked. ===
Microsoft offers them the one thing most business people will pay any price for - the ability to say "we had no choice - everyone's doing it that way." -- [link|http://z.iwethey.org/forums/render/content/show?contentid=38978|Andrew Grygus]
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Post #55,346
10/7/02 7:29:42 PM
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I believe it is
I have seen similar comments elsewhere.
There have been previous lawsuits about whether the word "limited" is exceeded by previous extension acts. But this is the first to specifically attack the right of Congress to extend existing copyrights.
For more on the argument being used [link|http://eon.law.harvard.edu/openlaw/eldredvashcroft/supct/opening-brief.pdf|the brief] is surprisingly readable.
Cheers,
Ben
"Career politicians are inherently untrustworthy; if it spends its life buzzing around the outhouse, it\ufffds probably a fly."
- [link|http://www.nationalinterest.org/issues/58/Mead.html|Walter Mead]
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Post #55,497
10/8/02 1:03:17 PM
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Tom Greene's take on it:
[link|http://www.theregister.co.uk/content/6/27475.html|At The Reg] And unless my copy of the Constitution contains a typo, it says quite clearly that, "Congress shall have the power to ... promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
One would think that if the framers had meant to quantify 'limited times' they'd have done it. It certainly looks as if Congress gets to make the call on how long is too long. And for the life of me I can't find a single word in the Constitution extolling the obvious social benefits of swift copyright and patent expiration. An 'original intent' argument is going to have to be an absolute masterpiece to succeed under the circumstances. Regards,
-scott anderson
"Welcome to Rivendell, Mr. Anderson..."
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Post #55,530
10/8/02 4:52:55 PM
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Can't decide if he's pessimistic or just wrong
One would think that if the framers had meant to quantify 'limited times' they'd have done it. Then why didn't they define "unreasonable" when used with "search and seizure", or "cruel and unusual" when used with "punishment"? It seems to me they merely underestimated just how corrupt politicians would eventually become. The point in favor of Lessig's case that I haven't seen anyone even attempt to answer is the retroactive extension of copyright on existing works. If the purpose of copyright is to assure prospective artists the chance to make back their investment, then the only benefit (to society) of copyright is its assured application to new works. In corporate terms, if we already have the deliverable, why would we want to offer any additional payments? ===
Microsoft offers them the one thing most business people will pay any price for - the ability to say "we had no choice - everyone's doing it that way." -- [link|http://z.iwethey.org/forums/render/content/show?contentid=38978|Andrew Grygus]
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Post #55,546
10/8/02 6:30:12 PM
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I already sent him email about it
He completely missed the point of the petitioner's brief. Hopefully the Supreme Court does a little better.
The main thrust of the petition is that Congress does not have the right to continue extending copyrights that already exist. In particular they cannot grant Disney's desire for unlimited copyright on Mickey Mouse through repeated grants of copyright extension.
This does not deny the ability of Congress to decide that limited shall mean 300 years. They just can't keep doing it every time Steamboat Willie's term comes up.
(If their argument was as poor on the merits as the one that Tom Greene put forth, then they wouldn't have gotten to the Supreme Court. That said, I have no idea what their odds are of winning.)
Cheers,
Ben
"Career politicians are inherently untrustworthy; if it spends its life buzzing around the outhouse, it\ufffds probably a fly."
- [link|http://www.nationalinterest.org/issues/58/Mead.html|Walter Mead]
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Post #55,797
10/9/02 3:18:02 PM
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A telling comment about one justice.
From [link|http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=392|here]
"Justices Scalia and Thomas asked no questions of Lessig. Scalia possibly because Lessig had been his clerk. Thomas because he seldom asks questions anyway."
Well, guess that confirms what I thought about Thomas. Lapdog.
End of world rescheduled for day after tomorrow. Something should probably be done. Please advise.
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Post #55,810
10/9/02 3:57:36 PM
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Re: A telling comment about one justice.
Won't disagree.
I could sorta understand the "beaten down" attitude for the first couple of years after his nomination battle, but geez you'd think he'd get over being Borked after a while.
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Post #55,956
10/10/02 9:22:56 AM
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Re: A telling comment about one justice.
[...]Thomas, because he can't form a coherent sentence without Scalia's lips moving.
You're right. Lapdog.
jb4
"About the use of language: it is impossible to sharpen a pencil with a blunt axe. It is equally vain to try to do it with ten blunt axes instead. "
-- Edsger W.Dijkstra (1930 - 2002)
(I wish more managers knew that...)
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Post #56,575
10/13/02 9:50:14 PM
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worse of the bunch without original sin
you need an original thought for that.
thanx,
bill
will work for cash and other incentives [link|http://home.tampabay.rr.com/boxley/resume/Resume.html|skill set]
"Therefore, by objective standards, the leading managers of the U.S. economy...are collectively, clinically insane."
Lyndon LaRouche
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