Stanford Law Prof Loses Supreme Court Case

in which Con­gress gets the thumbs up to do what­ev­er they want as regards copy­right

Lawrence Lessig, a Stan­ford law pro­fes­sor, just lost his case in Supreme Court.

He was argu­ing that the Con­gress has over­stepped its Con­sti­tu­tion­al author­i­ty through its abuse of the copy­right sys­tem.

As an edi­to­r­i­al aside, I’d like to say that I’m pret­ty dis­ap­point­ed by the defeat. I’m no expert in the law, but min­is­ters are con­sid­ered to have some exper­tise when it comes to moral­i­ty (which ought to under­gird the law).

The laws gov­ern­ing copy­right in our soci­ety are exces­sive. First and most impor­tant­ly, we are los­ing a pub­lic domain. Lessig’s (non-legal) argu­ments about the hypocrisy of Dis­ney are very compelling–Disney keeps its copy­right on Mick­ey Mouse despite mak­ing most of its mon­ey off rein­vent­ing char­ac­ters that have passed into the pub­lic domain (Beau­ty & the Beast, Cin­derel­la, Snow White, etc).

But that just deals with the longevi­ty of copy­right in Amer­i­ca. I also con­sid­er that my fair-use rights are being infringed upon by rigid copy­right schemes. To my knowl­edge, every empir­i­cal study has shown that elec­tron­ic redis­tri­b­u­tion of prod­ucts increas­es sales. You can read more about it.

For the record, I urge every­one to obey the law as it is writ­ten and to agi­tate for change in the mean­time.

Lessig will prob­a­bly nev­er read this, but I think he’s fight­ing a good fight.

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