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Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by zmgsabst on Monday January 01, 2024 @09:11PM (#38837289)
Article I, Section 8, Clause 8:

> “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.”

https://constitution.congress.gov/browse/article-1/section-8...

Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by ncallaway on Monday January 01, 2024 @10:55PM (#38837921)
That is a power granted to congress, not a constitutional right.

That is, the constitution grants Congress the authority to create a legislative IP right. It does not create a constitutional IP right.

You can tell, because Congress could say: “stuff it, no IP rights for anyone. Copyright no longer exists for new works”, and that would be constitutional.

Re:All DMCA Notices Filed Against TorrentFreak in 2023 Were ... by Retric on Tuesday January 02, 2024 @07:29PM (#38849141)
People interpret the constitution in different ways, but this is commonly interpreted as a requirement not just a power. Critically, this stuff is interpreted by the Supreme Court not simply anyone so someone could bring a case should congress fail to provide any protection.

Thus congress could specify that copyright only lasts for 1 month, but they can’t just ignore it or set it to 1 second without the courts getting involved.