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Shortening Copyright After Eldred Loss
SataiCam writes "Marci Hamilton has an article over at Findlaw.com covering potential options for getting a shorter copyright after the Eldred loss (or, more likely, keep this one from growing again). Clearly such a movement is an uphill battle, Hamilton does nothing to argue against that, but the options are there. It's an interesting read with some good points and a tone of "if you want it, go out and fight for it." I don't necessarily agree with all she says, but that's not surprising, she is using an AOL e-mail address, after all."
I'm making apologies for the AOL comment. You're exactly right, I shouldn't have made it given my own use of hotmail and that I used AOL for many years. Cheap joke. I definitely regret it. I do respect Hamilton's opinions. She's a commentator on Writ that I look forward to reading no matter what stance she takes on an issue (I don't usually disagree with her anyhow).
As for my disagreements in this case, they're minor. My summary didn't make it clear (and that's my fault) that I do agree with her for the most part. My biggest disagreement is her statement that harmonizing US copyright with the EU was a "good" reason for Congress to extend the term. It's a reason, but I don't think it's a good one. I don't think the length of the term was smart for the EU or the US, and just because the EU did it, doesn't mean we should jump of the same bridge (just as I believe that just because the US does something, doesn't mean anyone else should--or should be coerced to--do the same, but that's a commentary for another thread). I don't see the harmonization being as important as it was portrayed in the article.
I also don't agree with her argument in her previous Writ article on Eldred that though bad policy, the CTEA was still constitutional (obviously, I don't agree with the majority of the Supreme Court either). I side Breyer, Stevens and Lessig here. Doesn't do me much good, but I still disagree. Granted, this point doesn't come up in the present article.
All that said, as I posted originally, the article was interesting (so was her previous article), and had some good points. I like the "get up and do something about it if it pisses you off" tone. Even though we get that message from other Slashdotters every time stories like this get posted, it's refreshing to hear it from somewhere else.
I also appreciate the idea that because we have harmonized with the EU now and created a status quo, that it will take both side of the pond working to reduce it. Of course, since most people I know concerned about copyright are here in the US, I don't even know if there's the same desire for a shorter copyright across the pond. I'd like to think support could be drummed up on both sides, but it's already paddling upstream to enact change on this side.
Did my point of disagreement have anything to do with using AOL or not? No, not at all. Was my comment juvenile and uncalled for? Definitely. Do I regret it in light of being told I was an elitist? Yes. Should I be summarily flogged with a wet noodle and forced to edit badly written code for 3 nights with no sleep? Yeah, probably. My apologies to all I offended. I am an ass.