4 ms·

Have the copyright extensions actually been upheld in court? Nothing stops a legislator from passing an unconstitutional law, but if nobody fights it then it wo

Have the copyright extensions actually been upheld in court? Nothing stops a legislator from passing an unconstitutional law, but if nobody fights it then it won't get struck down.

static_noise 11y ago
How far have we come when legislators dishonour the constitution by passing laws that don't even pass the lowest level of scrunity?
- rplnt 11y ago
  It's pretty common all around the world? That's why you have means of questioning it. Independently from legislators.
venomsnake 11y ago
> 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. Depends on how you literally minded you read it and how the Supreme court feels: 1) Any copyright or patent that does not promote Science of Useful arts is unconstitutional 2) Only written words are protected, not visual or software. 3) There should be some limitation on the term but it could be way past couple of googols in years. and so on. The constitution is (un) intentionally vague in a lot of places.
- anon4 11y ago
  You forgot 4) Copyright cannot extend past the life of the author, since only the author can have exclusive rights to his writings. I.e. copyright is non-transferable to heirs, corporations, etc.
  - hfsktr 11y ago
    Do you think I'm being paranoid if I thought that the author/copyright holder would suddenly have an "accident" if their death meant it would end the copyright?
WildUtah 11y ago
In the Eldred v. Ashcroft case the Supreme Court upheld infinitely extended copyright terms. The only two judges that dissented were Breyer (presently the best on intellectual property issues) and Stevens (previously the best before retiring in 2010).
TazeTSchnitzel 11y ago
> Have the copyright extensions actually been upheld in court? The most recent extension immediately received a Supreme Court challenge.
SEMW 11y ago
Yes. https://en.wikipedia.org/wiki/Eldred_v._Ashcroft https://en.wikipedia.org/wiki/Eldred_v._Ashcroft, upholding the 1998 Copyright Term Extension Act. Lawrence Lessig was lead counsel for the plaintiffs (ie arguing the case against the act). He wrote an essay on the case and why he thinks it was lost: http://www.legalaffairs.org/issues/March-April-2004/story_lessig_marapr04.msp http://www.legalaffairs.org/issues/March-April-2004/story_le...

Have the copyright extensions actually been upheld in court? Nothing stops a legislator from passing an unconstitutional law, but if nobody fights it then it won't get struck down.

static_noise 11y ago

How far have we come when legislators dishonour the constitution by passing laws that don't even pass the lowest level of scrunity?

rplnt 11y ago
It's pretty common all around the world? That's why you have means of questioning it. Independently from legislators.

venomsnake 11y ago

> 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. Depends on how you literally minded you read it and how the Supreme court feels: 1) Any copyright or patent that does not promote Science of Useful arts is unconstitutional 2) Only written words are protected, not visual or software. 3) There should be some limitation on the term but it could be way past couple of googols in years. and so on. The constitution is (un) intentionally vague in a lot of places.

anon4 11y ago
You forgot 4) Copyright cannot extend past the life of the author, since only the author can have exclusive rights to his writings. I.e. copyright is non-transferable to heirs, corporations, etc.
- hfsktr 11y ago
  Do you think I'm being paranoid if I thought that the author/copyright holder would suddenly have an "accident" if their death meant it would end the copyright?

WildUtah 11y ago

In the Eldred v. Ashcroft case the Supreme Court upheld infinitely extended copyright terms. The only two judges that dissented were Breyer (presently the best on intellectual property issues) and Stevens (previously the best before retiring in 2010).

TazeTSchnitzel 11y ago

> Have the copyright extensions actually been upheld in court? The most recent extension immediately received a Supreme Court challenge.

SEMW 11y ago

Yes. https://en.wikipedia.org/wiki/Eldred_v._Ashcroft https://en.wikipedia.org/wiki/Eldred_v._Ashcroft, upholding the 1998 Copyright Term Extension Act. Lawrence Lessig was lead counsel for the plaintiffs (ie arguing the case against the act). He wrote an essay on the case and why he thinks it was lost: http://www.legalaffairs.org/issues/March-April-2004/story_lessig_marapr04.msp http://www.legalaffairs.org/issues/March-April-2004/story_le...