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The Mouse That Ate the Public Domain

An anonymous submitter writes: "Antitrust lawyer Chris Sprigman has written a thoughtful column In Findlaw's Writ on the issues behind the 1998 Copyright Term Extension Act and the legal challenge (Eldred v. Ashcroft) to that law. I only spotted one mistake. Sprigman states that Disney's 1967 movie The Jungle Book came out a year after Kipling's copyright expired, but I can't see how, under the terms of the 1909 copyright law, an 1894 book could have had its U.S. copyright expire much later than 1950. Except for that one glitch, (if that's what it is) it's a fine column. There's no explicit mention of computer software except in the mention of the title of a 1970 article by Stephen Breyer, but everything he says about the usefulness of the public domain in literature applies with a vengeance to source code. And his is discussion of the U.S. Constitution's framers reminds us (though Sprigman doesn't develop this point extensively, and might not himself put it in as blunt terms as I'm about to) that there's even a deeper reason than utility to cherish the public domain: it is our right."

4 of 332 comments (clear)

  1. Re:Copyright Extention Act by caduguid · · Score: 3, Funny

    How much more can you want?

    Jack Valenti is on the record saying he wants his full consitutional due. Since congress is only allowed to grant copyright for a 'limited-time,' Jack wants it to be "Infinity minus a day."

    (I know, I know... I can do the math. But that just makes it funnier, no?)

  2. Extending Copy Right by Alien54 · · Score: 4, Funny
    I can see Disney and others trying to extend their copyrights indefinitely so as to hold onto their franchise.

    After all, would you want to see an un authorized Mickey Mouse pr0n flick? (never mind ....)

    the thought is enough to make Disney spin in his refridgerator.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  3. Re:the public domain is our right..? by An+Onerous+Coward · · Score: 2, Funny

    I honestly don't know where your rant is coming from. It seems completely unrelated to both the parent article and reality.

    First, I'd like to clear up your apparent misconception that "public domain" refers to the .ORG TLD. It doesn't.

    Second, .ORG was never intended to be limited to "sites advancing the public interest." Quite the opposite, it was .COM that was intended solely for sites of a commercial nature. .NET was supposed to be used by ISPs and other organizations related to communications and networking. .ORG was meant as the "catchall" for anything that didn't fit other categories.

    If there's anything to complain about, it's the fact that country code TLDs are underutilized, especially .US (lousy Yankees).

    --

    You want the truthiness? You can't handle the truthiness!

  4. Re:Copyright Extention Act by Peaker · · Score: 3, Funny

    "Read about the updates" and implement 5 years of work?
    In such a world its no problem because you can just read about closed products updates in 5 years and reimplement them, too.