It's a political decision. The Court made up its mind that indefinite, unlimited, retroactive extensions of copyright to any finite term (heat death of the univ

It's a political decision. The Court made up its mind that indefinite, unlimited, retroactive extensions of copyright to any finite term (heat death of the universe inclusive) limited only by the will of Congress are within the ambit of the copyright clause and probably good public policy as far as the Court was concerned. Lessig has beat himself up over the loss and perhaps he should have, but I don't think anyone would have won on any argument with that court. I don't see the precedent changing or a constitutional amendment happening, so really the only way forward is to get enough of a copyright reform caucus in Congress to stop the madness, forestall future extensions, and let works start finally start falling into the public domain again. I also don't see a direct path forward to unwinding the ratchet and shortening copyright terms or requiring renewals. What we really need to do next, in the USA at least, is fight future extensions and do something about orphan works.