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> That is truly a nightmare scenario. Absolutely, but courts are supposed to interpret the law, not rule whichever way avoids nightmare scenarios. The risk of

> That is truly a nightmare scenario. Absolutely, but courts are supposed to interpret the law, not rule whichever way avoids nightmare scenarios. The risk of going too far in that direction (and this is by no means the first case in which SCOTUS c̶l̶e̶a̶r̶l̶y̶ may have rationalized a decision for pragmatic reasons) is that it makes the court more corruptible. I am glad the majority ruled this way, because I agree that it leads to a better outcome in this case. On the other hand, any departure from a pure interpretation of the law is very dangerous, because it normalizes the more-corruptible mode of operation, and that can lead to another kind of "nightmare scenario".

sn_master 6y ago
If it reaches SCOTUS, it means the law is already ambiguous the way its written and that no one interpretation is obviously the correct one.
- guscost 6y ago
  You would certainly hope so, but that logic just passes the responsibility to interpret law faithfully onto the lower courts, which are also perhaps more easily corrupted.
matthewdgreen 6y ago
> On the other hand, any departure from a pure interpretation of the law is very dangerous You should read the law in question. This would be Section 107 of the Copyright Act, which defines "fair use". It's extremely vague and is best interpreted as a set of considerations that the courts should take into account so that they can handle situations like this one on a case by case basis. If Congress wanted to be more prescriptive, they could (ETA: and if they become unhappy with the courts' decisions they still can in the future), but I think that would lead to worse outcomes.
- guscost 6y ago
  Makes sense, and I am definitely not an expert on fair use. I'll cross out "clearly" in my aside above. I was really just responding to the implication that SCOTUS did the right thing because "it would be a nightmare scenario" otherwise.
bonzini 6y ago
> courts are supposed to interpret the law The law also states that copyright's purpose is to stimulate progress of the arts, and that's why fair use is possible. Interpreting the law also means establishing the limits of fair use.
- guscost 6y ago
  Good point.
- dragonwriter 6y ago
  No, fair use is possible because of the First Amendment. While it is now adopted in statute, the statute was codifying a Constitutional limit that courts previously found in copyright protection grounded in the First Amendment, not the Copyright Clause. But, still, yes, determining the scope and applicability of fair use is part of applying the law.
  - bonzini 6y ago
    Ah, I had heard of the first amendment thing but I thought it was why government work must be in the public domain (i.e. putting it under copyright would prevent reproduction and therefore infringe first amendment rights).

sn_master 6y ago

If it reaches SCOTUS, it means the law is already ambiguous the way its written and that no one interpretation is obviously the correct one.

guscost 6y ago
You would certainly hope so, but that logic just passes the responsibility to interpret law faithfully onto the lower courts, which are also perhaps more easily corrupted.

matthewdgreen 6y ago

> On the other hand, any departure from a pure interpretation of the law is very dangerous You should read the law in question. This would be Section 107 of the Copyright Act, which defines "fair use". It's extremely vague and is best interpreted as a set of considerations that the courts should take into account so that they can handle situations like this one on a case by case basis. If Congress wanted to be more prescriptive, they could (ETA: and if they become unhappy with the courts' decisions they still can in the future), but I think that would lead to worse outcomes.

guscost 6y ago
Makes sense, and I am definitely not an expert on fair use. I'll cross out "clearly" in my aside above. I was really just responding to the implication that SCOTUS did the right thing because "it would be a nightmare scenario" otherwise.

bonzini 6y ago

> courts are supposed to interpret the law The law also states that copyright's purpose is to stimulate progress of the arts, and that's why fair use is possible. Interpreting the law also means establishing the limits of fair use.

guscost 6y ago
Good point.
dragonwriter 6y ago
No, fair use is possible because of the First Amendment. While it is now adopted in statute, the statute was codifying a Constitutional limit that courts previously found in copyright protection grounded in the First Amendment, not the Copyright Clause. But, still, yes, determining the scope and applicability of fair use is part of applying the law.
- bonzini 6y ago
  Ah, I had heard of the first amendment thing but I thought it was why government work must be in the public domain (i.e. putting it under copyright would prevent reproduction and therefore infringe first amendment rights).