In 2004 U.S. District Judge Harold Baer ruled that the statute banning boot-legging was unconstitutional because it says that copyrights on live performances are protected forever. This conflicted with the "limited time" requirements of copyright law, the judge ruled at the time.But on Wednesday, the court of appeals sided with the government, which appealed and argued that Congress did have the power to outlaw boot-legs under the Commerce Clause.
Good grief. By that logic, anything sold in interstate commerce can be copyrighted forever.