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February 19, 2002
Supreme Court to review Copyright Length

The Supreme Court granted Certiorari in Eldred v. Ashcroft. This case is a challenge to the most recent copyright extension passed by congress. This case hinges around the question of wether the "limited time" referred to in the Constitution's grant to congress of securing copyright "[t]o promote the Progress of Science and useful Arts." The D.C. Circuit court of appeals ruled 2 to 1 that the congress could lengthen the duration of copyright unlimitedly as long as each increment was for a limited time. The dissent in the Court of Appeals stated that lengthening the duration of copyright did nothing to promote the useful arts and thus the Article 1 Section 8 had to be read that the total duration of a copyright has to be for a limited time. It seems to me that a rational definition of limited time must be shorter than the lifespan of the average American.

Posted by hoffmang | February 19, 2002 01:05 PM


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