Re:The US copyright office has struck down a major effort fo...
by cess11 on Wednesday November 27, 2024 @03:36PM
(#42259483)
Why do you think that? Can you point to some early philosopher of law that made such utilitarian arguments?
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Re:The US copyright office has struck down a major effort fo...
by jmward01 on Wednesday November 27, 2024 @03:48PM
(#42259609)
The actual text of the US constitution maybe?
Article I Section 8 Enumerated Powers Clause 8 Intellectual Property
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;
Seems like the idea is to promote innovation by making sure it is for a limited time only seems pretty ingrained in the idea.
Re:The US copyright office has struck down a major effort fo...
by tmtvl on Wednesday November 27, 2024 @04:02PM
(#42259737)
If it says 'for a limited time', then wouldn't tying itmto the lifetime of the author be unconstitutional? Because strictly speaking it's impossible to predict whether an author's life will end.
Re:The US copyright office has struck down a major effort fo...
by samatman on Wednesday November 27, 2024 @04:13PM
(#42259835)
It's in fact trivially easy to predict whether an author's life will end.
Watch: I predict an author's life will end. I give it very high odds indeed.
Re:The US copyright office has struck down a major effort fo...
by tastyfreeze on Wednesday November 27, 2024 @04:39PM
(#42260049)
Corporations can hold copyright and can be undying.
Re:The US copyright office has struck down a major effort fo...
by HWR_14 on Wednesday November 27, 2024 @05:01PM
(#42260244)
If the author is a real person, it's life of the author plus. If it is a corporation it is a fixed amount of time.
Re:The US copyright office has struck down a major effort fo...
by bitwize on Wednesday November 27, 2024 @04:22PM
(#42259911)
Decided in Eldred v. Ashcroft. As long as Congress stipulates a non-infinite copyright term, it's constitutional. Given that the chance of a human being eventually ceasing to live has been 100% so far, it's legitimate to assume that life + n years is still a finite period of time.
Re:The US copyright office has struck down a major effort fo...
by cess11 on Thursday November 28, 2024 @01:10AM
(#42262866)
"Progress of Science and useful Arts" isn't utilitarian in the sense "benefit society as a whole".
Re:The US copyright office has struck down a major effort fo...
by mrighele on Wednesday November 27, 2024 @03:43PM
(#42259553)
For Americans, the utilitarian argument is made in the Constitution:
_"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises [...] 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"_ [1]
Re:The US copyright office has struck down a major effort fo...
by cess11 on Thursday November 28, 2024 @01:12AM
(#42262869)
Doesn't say anything about "benefit society as a whole".
Re:The US copyright office has struck down a major effort fo...
by throwaway48476 on Wednesday November 27, 2024 @03:42PM
(#42259545)