Re:Negotiators Lose Last Chance to Salvage the TPP by Caving...
by YokoZar on Thursday February 05, 2015 @01:16PM
(#9004814)
I always felt like this case was argued wrong. Don't argue it's not "limited", argue that it "doesn't promote the progress of the Sciences and Useful Arts".
There is no possible argument not involving time travel by which we get more works created through retroactive copyright extension of already existing works.
Re:Negotiators Lose Last Chance to Salvage the TPP by Caving...
by anigbrowl on Thursday February 05, 2015 @03:36PM
(#9005856)
Easily dismissed by pointing to the vast advances in scientific and artistic output over the last century. Unless you could show that the rate of output is slowing (which it isn't AFAIK) you're stuck with trying to argue that it would be even better if copyright law were abridged - a slippery pole argument, if you will. Courts typically eschew such hypothetical benefits in favor of rectifying measurable injuries.
The Supreme Court ruled[1] (correctly, I think) that it's up to Congress to decide what "limited" means, and as long as any copyright bill they pass has some limit on the term, it's Constitutional.
Don't like it? Vote for a different Congress. It's not the Court's job to say Congress can't decide how it wants to balance a tradeoff when lawmakers are explicitly empowered to do so.
[1] http://en.wikipedia.org/wiki/Eldred_v._Ashcroft