The Ballad of Eldred and the Piano


Prof. Lessig: from the front line

The greatest fear we had about this strategy (beyond the backfiring point) was that it all presupposed that the Court got it. It presupposed that the Court understood the problem with extensions of existing terms; that it understood the harm that would do to the internet, and the ability of people to build on the internet; that it saw the law as useless.

NYT: An Uphill Battle in Copyright Case

“It is hard to understand how, if the overall purpose of the Copyright Clause is to encourage creative work, how some retroactive extension could possibly do that,” said Justice Sandra Day O’Connor. “One wonders what was in the minds of the Congress.”

From Wash U, a forecast for Eldred v. Ashcroft
And as always, there’s even more at Copyfight

Andrew Raff @andrewraff