Wednesday, October 09, 2002

Eldred v. Ashcroft, Day 1

I found some good notes on the first day of Eldred v. Ashcroft, but I have no idea how to interpret any of it. Ultimately, the length of copyright is something that needs to be set by society via Congress, not through the courts. As O'Conner pointed out, bad policy is not unconstitutional. But retroactive extension absolutely *is* unconsitutional as it clearly does nothing to "promote arts and science" and so should be beyond Congress' power to mandate. I was glad to see Breyer get sensibly "economic" on this.

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