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Except that copyright isn't something the government generally has the right to enforce: it infringes on free speech and and free expression. It is legal becau
by roguecoder 15y ago
Except that copyright isn't something the government generally has the right to enforce: it infringes on free speech and and free expression. It is legal because the constitution specifically makes provision for it in certain cases (limited time, though the courts ruled it doesn't have to be a reasonable limited time, and to support science and the useful arts.) In all other cases, copyright laws would be unconstitutional.
- Natsu 15y agoSo far the track record of finding copyright laws unconstitutional is not good. Eldred and Golan both lost, and in Golan Ginsburg wrote "some restriction on expression is the inherent and intended effect of every grant of copyright" in the majority opinion. If you're saying that's not how it should be, I sympathize.
- vidarh 15y agoHe's not saying he thinks it is unconstitutional. He's saying that the US government can only grant copyright because the copyright clause carved out a right for them to do so, as copyright protections violate free speech and free expression and so without the specific exception provided by the copyright clause, they would have no way of passing copyright law without violating at least the first amendment.
- Natsu 15y agoThe problem with that is that the Supreme Court doesn't seem to have any problem with that, unfortunately.