[License-discuss] Golan v. Holder
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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