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Eldred Wins... in Mock Trial

anewsome writes "Yale Law School students conducted a mock Eldred v. Ashcroft trial, heard before judges Hugh Bownes on the First Circuit, John Walker Jr. on the Second, and Morris Arnold on the Eighth. Surprise: Eldred Won. Check out the full story here. In related news, here's a terrific Recorder piece on the debate over the IP section of ABA taking sides in the case."

15 comments

  1. first post!!!!!!!!! by Anonymous Coward · · Score: -1, Offtopic

    i claim this first post for jesus h. christ, who died for all our sins.

    1. Re:first post!!!!!!!!! by Anonymous Coward · · Score: -1, Offtopic

      Now go back to molesting little boys or whatever you bible beater do!

    2. Re:first post!!!!!!!!! by Anonymous Coward · · Score: -1, Offtopic
      Now go back to molesting little boys or whatever you bible beater do!

      You should ask yourself why you have such hostility towards someone who is acting on your behalf. I am just trying to remind people that Jesus h. Christ, our Lord and Savior, died for all our sins.

      And for the record, the Holy Bible in no way condones molesting little boys. This kind of reprehensible behavior is totally against the word and spirit of the Good Book.

    3. Re:first post!!!!!!!!! by Anonymous Coward · · Score: -1, Offtopic

      And for the record, the Holy Bible in no way condones molesting little boys

      However, if you are familiar with the story of Lot then you will realize that the holy bible condones Lot's offering his virgin daughters to a mob of men to be raped rather than two visitors (angels in human form?) to his home.

    4. Re:first post!!!!!!!!! by Anonymous Coward · · Score: -1, Offtopic

      You should ask yourself why you have such hostility towards someone who is acting on your behalf

      I am fairly certain you would not want me to act on your behalf, so what makes you think I want your or the long dead freak Jesus to act on mine.

    5. Re:first post!!!!!!!!! by Anonymous Coward · · Score: -1, Offtopic

      yes, but what kind of girls were they who would have sexual intercourse with their father? Hint: they were not innocent virgin daughters, because time is an illusion in God's eye, so He knew that they 'had already' done a terrible dead, so what's the problem really if Lot casts them out to the sexual deviants and fornicators outside?

    6. Re:first post!!!!!!!!! by Anonymous Coward · · Score: -1, Offtopic

      Because you are not going to like the other alternative -- where the Christ doesn't act on your behalf. Trust me, brother.

  2. I'm really interested... by anthony_dipierro · · Score: 2

    ...to see how the real decision turns out. I actually think the retroactive portion of the law will be declared unconstitutional, but if not I'm very interested in seeing how the decision is phrased to justify the "promote the progress of science and the useful arts" clause.

  3. Verdict: liberals are liberal by Chinese+Karma+Whore · · Score: -1

    Fate, chance, karma, whatever you wanna call it -- when Miss Fortune spreads her legs for you, you're already in over your head. Believe me, I know.

    Bunny LaFever looked like a dame with more curves and venom than Reggie Peeler's Land O' Snakes. But she wasn't a real dame. She was a she-devil. That golden bush of hers was nothing but a welcome mat to hell.

    But now I'm getting way ahead of myself. Bunny had a way of doing that to jerks like me. She twisted us inside out and turned our heads around so we couldn't think straight anymore. So lemme begin at the beginning ...

    Carnies got a word for a crooked game operator like me. They call me "Flattie" cuz I'll flat-out rob you and make you like it.

    My name's Randy Everhard and I've got a million ways to take your money. One of my personal favorites is the "hopper shot." It's tossing softballs into toilet seats, which you've seen on every midway in your life. I could gaff the joint to make it impossible to win.

    But where's the fun in that? I work it so any chucklehead can win all night long. Cuz once I've hooked a live one into thinking he can take me for a ride, that's when I nail him with the "build-up." Caught up in the excitement of winning game after game, the rube's built up to play twenty games at two bucks a pop. And the only prize he's going home with is a teddy bear that cost me three shekels per, wholesale. You do the math, Einstein.

    The problem with selling three-dollar plush for forty scoots is that the build-up only pays off if you've got a steady string of suckers. And that night was turning out to be a real larry. The Laff Riot carnival was a flattie's wet dream. The grab joints and flashy rides were a front for the real action: flat stories, alibi and percentage joints, crap tables, slot machines, fortune wheels.

    The show was running wide open. Everybody crooked and every joint gaffed and nobody doing a damn thing to stop it. I figured the cops were greased slicker 'n Liberace's asshole. It should've been like shooting trout in a barrel. Too bad nobody was taking my bait. I was up shit creek without a paddle to piss on.

    My first goddamn night with the show, and already I was itchy for a new angle.

    I can't remember which one of them I saw first: the blonde come-on dressed like she had an exhibitionist streak a mile wide or the square in the coke bottle glasses who was eyeballing her like she was nothing but something to look at. Of course, that Coppertone beauty really was something to look at. She was turning heads and raising dicks all over the place. But I didn't like him getting his eyes all over this piece of 100 percent corn-fed cocktease.

    She was stacked like a double-decker Ferris wheel with nipples that could cut glass. The red double-O's stenciled on her football jersey were stretched over humongous hooters. She looked like a shooting gallery, bursting at the seams. You couldn't miss those twin titty targets. I'm talking knockers so big you could still see them when she turned around. And believe you me, she was one woman who looked as good going as she did coming.

    She wore a pair of daring Daisy Dukes that were so short and tight her crotch sucked them in. The denim over her ass was thread-bare, blown out like a retread. And if that wasn't enough, she was doing a number on a grape Popsicle to make your peter wish it was frozen on a stick. That girl was one carnival ride I wanted to jump on quick, and I didn't care how many tickets it cost.

    In my racket, though, business comes before pleasure. And this looked like a golden opportunity to work the key scam. It's the oldest con in the carny book.

    I jumped the counter and made my way over to the chump with the steamed-up glasses. I was like, "Hot enough for ya? And I ain't talking about the weather, fella." At first he didn't buy it when I told him I was the "manager" of this fine talent. He just stood there mopping his brow with a hanky.

    "I don't fuck chickens and I don't shit feathers," I said, "and I wouldn't lie about a piece of ass like that, neither." I gave myself a hard-on feeding him the fast talk: screwing her would make a man think he died and gone to heaven, where the streets are paved with solid gold snatch.

    "She's a sight for sore eyes, ain't she? And if you think I'm giving you lip, you oughta see her go to town on a dick. Life-transforming, friend. Life-transforming." I pulled out an old key I kept for just such an occasion. Dangling it before his bug eyes, I spieled how it was the key to her room at some motel outside of town. "I'm talking once-in-a-lifetime opportunity, pal. She's the reason hard-ons were made."

    He swallowed it all -- hook, line and sinker.

    Chuckling over what he was going to tell his wife when he came home minus his paycheck, I made my way over to the sultry sex kitten. She was throwing heat like a furnace. Melting chocolate bars at twenty paces. It was too hot to fuck, but next to her, that scorcher felt like a cool, seaside breeze.

    "I just made you twenty bucks, and all you had to do was stand here looking gorgeous, Gorgeous." She didn't say anything, just looked me up and down and blinked those big baby blues. The sheen of sweat on her face glowed under the neon lights. She'd sucked all the flavor out of the end of the Popsicle, so the tip was white.

    I fished out a crisp, new bill and passed it over. She let it rest in the palm of her hand as she stared at it, confused. She tried giving it back to me, but I stopped her. "See that guy over there?" I asked, stepping aside to give her a glimpse. "He just paid me a lot of money to sleep with you."

    He what?" she goes, insulted. She threw down what was left of her Popsicle and took a step closer. Her eyes burned like a butane flame. Like most women, she looked better when she was steamed. But I didn't want her making a scene. She was liable to blow the act.

    "Don't get yer panties in a bunch," I said, shutting her cakehole with my hand. I told her about the con and then nervously took my hand away. I was sure she was gonna blow up again. But she kept quiet. I told her we had to scram and didn't give her a chance to say no. I just put my arm around her waist and steered her toward the exit gates. I gave Pops a back-handed wave as we booked outta there double-time.

    My dick is long and my cons are short. Cop and blow, that's my motto -- take the money and run. Otherwise things got a way of getting ugly.

    Two minutes later, we were hauling ass down the highway in my supercharged Chevy Menace. It was an acid green two-door with cheetah seat covers, four on the floor and dual exhaust. Twin cams and 440 horses under the hood.

    "Say," I said, "what's your name, anyway?"

    I was hoping to get to know every inch of her better. She smelled like coconut oil. Her tanned skin gave off heat like asphalt that'd been baking in the sun all day.

    "Bunny," she goes. "Bunny LaFever." She was a real piece, too. I couldn't wait to do all sorts of dirty things to her. "How much you take him for?" she asked. "Two-fifty." In actuality I scored three-fifty. But if there's one thing I know about women, it's never tell them exactly how much money you've got.

    Back at my room at the God bless America Truckstop Motel, she showed me that that sweet and innocent show was just a put-on. I was glad, though. I prefer a girl with some experience under her belt.

    Before I knew it, she was all over me like stink on shit. Purple from the Popsicle, her tongue sprung to the back of my throat and then snaked all over the inside of my mouth like she was mining the gold fillings out of my teeth. Despite all the tongue wrasslin,' her hands were nowhere near where I wanted them to be.

    My dick had been so hard for so long I thought it would blast off like a rocket, but she kept her distance. The teasing was cute at first but enough was enough. I grabbed her hands and planted them on the tent pole in my pants.

    She pulled away and took a few steps back.

    "You trying to insult me? You think you can have this body for free?" Bunny squeezed her 'lopes together, serving them up for my hungry eyes: "These tits alone cost five bucks to look at."

    I chuckled nervously. "C'mon," I go, "quit screwing around."

    "I'm totally serious. Five bucks or I'm gone."

    I started laughing for real, digging the little swindler. What else could I do but pay up? She had me right were she wanted me.

    This was one of those times in a man's life when he knows his dick's doing the brainwork but he doesn't care. Whatever the dick wants, the dick gets. That right there's the whole story of my life.

    I plucked a five-spot from my wallet and waved it like a flag of surrender. She just looked at it. "I don't want your money now," she goes. "Pay me later."

    "Whatever you say." And I just eased back on the bed to enjoy the show.

    She peeled off her T-shirt and out bounced those giant, all-natural juggs. She had razor sharp tan lines from the sling of a skimpy bikini top. You could tell from her nips that the air-conditioning was on full-blast.

    Bunny danced around the room, wiggling and shaking everything her momma gave her. I looked her up and down until I could've guessed her weight. She had all the right parts in all the right places and then some.

    She neared the bed and leaned over me to let those massive, all-American melons swing inches above my face. "Wanna taste them?" she goes. As if she had to ask.

    I lifted my head to suck the tantalizing titties into my mouth, but she snatched them away.

    "Five bucks," she goes.

    "All right, five bucks."

    "Five bucks each, big spender."

    "You got it."

    "Pay me later," she cooed, and moved closer to bury me beneath her treasure chest. "Mmm," she purred, "you suck real good."

    "Damn straight," I mumbled. "You're getting my money's worth."

    She only laughed as her fingers spider-walked down to my crotch and unzipped my fly. "You'd like a tit-fuck, wouldn't you?"

    It wasn't a question. It was a statement of fact. Some girls are mind readers, but Bunny LaFever was the first dick reader I ever had the pleasure to meet.

    "Twenty bucks," she barked.

    I was like, "A bargain at twice the price. Pay you later?"

    "That's right, bright boy."

    We switched places on the bed so that she was on her back. I kicked off my shoes and pulled down my pants and underwear. This dick of mine's got its own zip code and time zone.

    When she gripped the shaft, her fingers didn't reach all the way around. She was like, "Lucky for you I'm still in my size-is-everything phase."

    "Me, too," I said, dropping to my knees to straddle her. My hard-on slipped between her cleavage like a hot dog in its steamed bun. She pressed them together to make the sandwich good and tight as I began my strokes.

    I humped her hooters harder to push my dick closer to her succulent mouth. She stuck out her pink tongue and tickled the tip. Back and forth it fluttered over the head.

    "There's a freebie," she giggled. "But I won't take one in the mouth for less than twenty."

    "How much to swallow?"

    She had to think that one over. "Thirty," she answered. "And that's only cuz I like you."

    I dismounted and stood beside the bed. She sat on the edge of the mattress to let her mouth get better acquainted with my cock. Her tongue twirled over my shaft until it looked like a monument of polished marble.

    She blew me good and slow, repeatedly bringing me to the edge of orgasm and then stopping until the urge melted away.

    The build-up felt so good it hurt. I never begged anyone for anything before. But tortured by her talented tongue, I was actually begging for mercy.

    After some more tongue lashing, she finally let me fill her mouth. She swallowed, too, and it felt like my whole body was sliding down with it.

  4. precedent by anthony_dipierro · · Score: 4, Informative

    Justice Sandra Day O'Connor said it in Feist v. Rural Telephone, and 5 of the current Supreme Court Justices (Rehnquist, Stevens, Scalia, Kennedy, and Souter) joined:

    The primary objective of copyright is not to reward the labor of authors, but "to promote the Progress of Science and useful Arts."

    Justice Stevens said it in the majority opinion of SONY CORP. v. UNIVERSAL CITY STUDIOS, INC., and the current Supreme Court Justice O'Connor joined:

    The monopoly privileges that Congress may authorize are neither unlimited nor primarily designed to provide a special private benefit. Rather, the limited grant is a means by which an important public purpose may be achieved. It is intended to motivate the creative activity of authors and inventors by the provision of a special reward, and to allow the public access to the products of their genius after the limited period of exclusive control has expired.

    Even the dissent of Sony Corp. v. Universal City Sutdios, Inc., to which Justice Renquist joined, echos:

    The purpose of copyright protection, in the words of the Constitution, is to "promote the Progress of Science and useful Arts." Copyright is based on the belief that by granting authors the exclusive rights to reproduce their works, they are given an incentive to create, and that "encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventors in `Science and the useful Arts.'" Mazer v. Stein, 347 U.S. 201, 219 (1954). The monopoly created by copyright thus rewards the individual author in order to benefit the public. Twentieth Century Music Corp. v. Aiken, 422 U.S., at 156 ; Fox Film Corp. v. Doyal, 286 U.S. 123, 127 -128 (1932); see H. R. Rep. No. 2222, 60th Cong., 2d Sess., 7 (1909).

    There are situations, nevertheless, in which strict enforcement of this monopoly would inhibit the very "Progress of Science and useful Arts" that copyright is intended to promote. An obvious example is the researcher or scholar whose own work depends on the ability to refer to and to quote the work of prior scholars. Obviously, no author could create a new work if he were first required to repeat the research of every author who had gone before him. 28 The scholar, like the ordinary user, of course could be left to bargain with each copyright owner for permission to quote from or refer to prior works. But there is a crucial difference between the scholar and the ordinary user. When the ordinary user decides that the owner's price is too high, and forgoes use of the work, only the individual is the loser. When the scholar forgoes the use of a prior work, not only does his own [464 U.S. 417, 478] work suffer, but the public is deprived of his contribution to knowledge. The scholar's work, in other words, produces external benefits from which everyone profits. In such a case, the fair use doctrine acts as a form of subsidy - albeit at the first author's expense - to permit the second author to make limited use of the first author's work for the public good. See Latman Fair Use Study 31; Gordon, Fair Use as Market Failure: A Structural Analysis of the Betamax Case and its Predecessors, 82 Colum. L. Rev. 1600, 1630 (1982). [....] I recognize, nevertheless, that there are situations where permitting even an unproductive use would have no effect on the author's incentive to create, that is, where the use would not affect the value of, or the market for, the author's work. Photocopying an old newspaper clipping to send to a friend [464 U.S. 417, 482] may be an example; pinning a quotation on one's bulletin board may be another. In each of these cases, the effect on the author is truly de minimis. Thus, even though these uses provide no benefit to the public at large, no purpose is served by preserving the author's monopoly, and the use may be regarded as fair.

    Now someone, please, explain to me how extending the monopoly granted on an already created work promotes the progress of science and the useful arts.

  5. Eldred wins on /. by Anonymous Coward · · Score: 0

    In a heated discussion on the website Slashdot, Eldred was decided the winner in a 25-75 split of the posting population.

    1. Re:Eldred wins on /. by diaper_tales · · Score: -1

      fucky fucky?

    2. Re:Eldred wins on /. by ObviousGuy · · Score: 1

      You are a troll.

      --
      I have been pwned because my /. password was too easy to guess.
    3. Re:Eldred wins on /. by diaper_tales · · Score: -1

      haha :)

      whatever happened to Fucky The Troll anyways?

  6. aba by akb · · Score: 2

    I was surprised that the ABA would take a position on a political issue like this. I could understand if the ABA would take a position about a law being good or bad as it effected the practice of the law. The only effect longer copyright has on the practice of law is more fees for IP lawyers. That the article essentially admitted this lays stark the raw greed that motivated the Mickey Mouse Protection Act.