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January 16, 2003

Mickey Conquers the Commons

Seldom have I been so disappointed in a Supreme Court ruling as this. I'm trying really hard not to resort to scatological terms to describe the thinking of the seven justices who voted to uphold what amounts to perpetual copyright. Would that the minority opinion, which seems more common sense, had held sway:

Justice Breyer also wrote a dissenting opinion. He argued that the CTEA 20-year extension does not make the copyright term limited, as is required by the Copyright Clause, but instead “virtually perpetual.” Further, Breyer argued that the CTEA's primary effect is not to promote science, but to inhibit it. Conceding that the Copyright Clause grants broad legislative power, Breyer nonetheless concluded that the CTEA falls outside that grant, thereby making it unconstitutional.

Posted by dpwakefield at January 16, 2003 08:55 AM