Forbes on Lessig and Eldred

scubacuda writes "In the Forbes editorial, Fact and Comment , Steve Forbes voices his support for Lessig and the Eldred case: 'Maybe Congress should just be done with it and declare that a copyright is forever....Stanford Law School professor Lawrence Lessig has proposed a sensible compromise..."[I]f Congress is listening to the frustration that the court's decision has created, [paying to maintain copyright extensions] would be a simple and effective way for the First Branch to respond." He's absolutely right.'"

Comments

Congress CAN'T declare it's forever

[Anonymous Coward]

In fact, Lessig was trying to argue the fact that since they keep extending it, it basically it is forever. The reason they can not do this is the Constitution specifically says a "limited time." Forever is not a "limited time" by anyone's definition.

Re:Sweet!

[Remik]

It is brilliant, and unfortunatly it's also 'illegal' under the terms of the Berne Convention, of which the U.S. is a signatory.

As part of the treaty, a persons right of copyright may not be put in jeopardy even by small formalities. It is one of the problems that arise from the European conception that an artist has a 'moral right' to the work they've produced.

-R

Re:Sweet!

[rossz]

So what? The Berne Convention may well be contrary to the Constitution, and according to the Supreme Court ...

Reid v. Covert, 354 U.S. 1 (1957). The Court ruled: ...no agreement with a foreign nation can confer on Congress or any other branch of the Government power which is free from the restraints of the Constitution.

And in case you didn't know, the Constitution is not a small formality.