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To: GretchenEE; Poohbah; Miss Marple; Nick Danger; Congressman Billybob
The fatc with Eric Eldred and the others lost fair and square in the legislative arena. They didn't like the result, so they went to the courts to overturn a decision made by the legislature that is technically within Constitutional bounds.

They don't like it, but they gotta live with it.
103 posted on 01/15/2003 12:07:55 PM PST by hchutch ("Last suckers crossed, Syndicate shot'em up" - Ice-T, "I'm Your Pusher")
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To: hchutch
They didn't like the result, so they went to the courts to overturn a decision made by the legislature that is technically within Constitutional bounds.

What would be an example of a legislative decision about copyright terms that isn't within Constitutional bounds?

109 posted on 01/15/2003 2:14:18 PM PST by general_re (Non serviam.)
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To: hchutch
"They don't like it ... "

Some judicial dueling ....

Ginsberg, in the "Majority" opinion:

And as we observe there is no cause to suspect that a purpose to evade "limited Times" prescription prompted Congress to adopt the CTEA.
Breyer, in his erudite dissent:
I am not certain why the Court considers it relevant in this respect that nothing . . . warrants construction of the 1998 Act's 20-year term extension as a congressional attempt to evade or override the "limited Times" con- straint.

Of course Congress did not intend to act unconstitutionally. But it may have sought to test the Constitution's limits. After all, the statute was named after a Member of Congress, who, the legislative history records, wanted the term of copyright protection to last forever. ... [Breyer cites statements of and attributions to Rep. Sonny Bono] ... statement of Rep. Hoke: "Why 70 years? Why not forever? Why not 150 years?" ... The Songwriters Guild suggested a perpetual term ... statement of Quincy Jones, "I'm particularly fascinated with Representative Hoke's statement, '[W]hy not forever?' ... [etc.]

And the statute ended up creating a term so long that were the vesting of 19th-century real property at issue it would typically violate the traditional rule against perpetuities. [That is the] traditional rule that estate must vest, if at all, within lives in being plus 21 years [The] modern statutory perpetuity term of 90 years, 5 years shorter than 95-year copyright terms.


110 posted on 01/15/2003 2:18:30 PM PST by bvw
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