[License-discuss] Golan v. Holder
Chad Perrin
perrin at apotheon.com
Mon Jan 23 08:10:51 UTC 2012
On Sun, Jan 22, 2012 at 11:28:24PM -0800, Chris Travers wrote:
>
> Is it just me or does Golan more or less read out of the Constitution
> any functional requirements regarding copyright law and read the
> copyright/patent clause basically as delegating unlimited power to
> Congress in this regard? I mean can Congress now start allowing
> telephone directories to be copyrighted, since we no longer care about
> promoting the progress of anything?
That's what Congress and the Supreme Court have a tendency toward doing
over generational drift in every respect -- copyrights, patents,
interstate commerce, eminent domain, and so on. This should come as no
surprise by now.
I don't think that Congress would try to limit licenses to individually
named licensees, though, as someone else suggested. It would destroy
commercial EULAs as surely as it would destroy copyleft licensing.
--
Chad Perrin [ original content licensed OWL: http://owl.apotheon.org ]
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