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.
> “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...