News for hackers. Stuff that matters.

A comment on All DMCA Notices Filed Against TorrentFreak in 2023 Were Bogus. Parent comment

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.

[ Parent | on HN ]
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.

[ Parent | on HN ]