Finland Adopts New Copyright Legislation

Anonymous Coward writes "Finland has adopted European Union Copyright Directive with new changes to its national legislation, giving Finland one of the most record label friendly pieces of legislation in Europe. The article has a good summary of the new law's changes to the old, rather flexible legislation."

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[Anonymous Coward]

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[Hamilton Publius]

Below is the Testimony of Dana Berliner, Senior Attorney, Institute for Justice before the Subcommittee on the Constitution of the United States House Judiciary Committee given on September 22, 2005.

Thank you for the opportunity to testify regarding eminent domain abuse, an issue that's finally getting significant national attention as a result of the U.S. Supreme Court's dreadful decision in Kelo v. City of New London. This subcommittee is to be commended for responding to the American people by examining this misuse of government power.

My name is Dana Berliner, and I am a senior attorney at the Institute for Justice, a nonprofit public interest law firm in Washington D.C. that represents people whose rights are being violated by government. One of the main areas in which we litigate is property rights, particularly in cases where homes or small businesses are taken by government through the power of eminent domain and transferred to another private party. I have represented property owners across the country fighting eminent domain for private use, and I am one of the lawyers at the Institute who represents the homeowners in the Kelo v. City of New London case, in which the U.S. Supreme Court decided that eminent domain could be used to transfer property to a private developer simply to generate higher taxes, as long as the project is pursuant to a plan. I also authored a report about the use of eminent domain for private development throughout the United States (available at www.castlecoalition.org/report).

In Kelo, a narrow majority of the Court decided that, under the U.S. Constitution, property could indeed be taken for another use that would potentially generate more taxes and more jobs, as long as the project was pursuant to a development plan. The Kelo case was the final signal that, according to the Court, the U.S. Constitution simply provides no protection for the private property rights of Americans. Indeed, the Court ruled that it's okay to use the power of eminent domain when there's the mere possibility that something else could make more money than the homes or small businesses that currently occupy the land. It's no wonder, then, that the decision caused Justice O'Connor to remark in her dissent: "The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping center, or any farm with a factory."

Because of this threat, there has been a considerable public outcry against this closely divided decision. Overwhelming majorities in every major poll taken after the Kelo decision have condemned the result. Several bills have been introduced in both the House and Senate to combat the abuse of eminent domain, with significant bipartisan support.

The use of eminent domain for private development has become a nationwide problem, and the Court's decision is already encouraging further abuse.

Eminent domain, called the "despotic power" in the early days of this country, is the power to force citizens from their homes and small businesses. Because the Founders were conscious of the possibility of abuse, the Fifth Amendment provides a very simple restriction: "[N]or shall private property be taken for public use without just compensation."

Historically, with very few limited exceptions, the power of eminent domain was used for things the public actually owned and used--schools, courthouses, post offices and the like. Over the past 50 years, however, the meaning of public use has expanded to include ordinary private uses like condominiums and big-box stores. The expansion of the public use doctrine began with the urban renewal movement of the 1950s. In order to remove so-called "slum" neighborhoods, cities were authorized to use the power of eminent domain. This "solution," which critics and proponents alike consider a dismal failure, was given ultimate approval by the Supreme Court in Berman v. Parker. The Court ruled that the removal of blight was a public "purpose," despite

Hyvää Suomi

[Anonymous Coward]

not!

Re:So....

[BinLadenMyHero]

Why is the parent modded down (until now)?

All he said is true. I say that by having a very similar experience with weed.