Re:Negotiators Lose Last Chance to Salvage the TPP by Caving...
by dragonwriter on Thursday February 05, 2015 @12:28PM
(#9004506)
> If congress is not maximizing the progress, it is not doing its job right
The Constitution permits Congress to use IP with limited terms as a means to promote progress in "Science and useful Arts", it does not obligate Congress to maximize that progress.
There's a decent moral argument, I suppose, that Congress ought to maximize the ratio (presuming these were really quantifiable in a clear and meaningful way) between that progress and the what society sacrifices to provide exclusive rights to creators, but that's not the same as maximizing progress on its own.
The Constitution permits Congress to use IP with limited terms as a means to promote progress in "Science and useful Arts", it does not obligate Congress to maximize that progress.
There's a decent moral argument, I suppose, that Congress ought to maximize the ratio (presuming these were really quantifiable in a clear and meaningful way) between that progress and the what society sacrifices to provide exclusive rights to creators, but that's not the same as maximizing progress on its own.