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Retiring Justice John Paul Stevens's Impact On IP Law
Pickens writes "Corporate Counsel recounts the profound legacy of Supreme Court Justice John Paul Stevens, author of the majority opinion in what some consider the most important copyright ruling of all time — the 1984 Betamax decision (Sony v. Universal City Studios) that established that consumers have a personal 'fair use' right to make copies of copyrighted material for non-commercial use. Justice Stevens's contribution to the ultimate decision in Betamax extended well beyond writing the opinion. The justices' initial debates in the case make it clear that Stevens was the only one of the nine (PDF) who believed that the 'fair use' doctrine gave consumers a right to make personal copies of copyrighted content for home use. It was his negotiating skill that pulled together the five-vote majority allowing home video recorders to be sold and used without interference from copyright holders. An IP litigator is quoted: 'The ruling that making a single copy for yourself of a broadcast movie was fair use ... that was truly huge, and was a point on which the court was deeply divided.' So the next time you're TiVo-ing an episode of your favorite show, remember to give a quick thanks to Justice Stevens; and let's hope that whoever President Obama appoints to replace him will follow in Stevens's footsteps and defend Fair Use, not corporate copyright interests." The review also touches on Stevens's "patent skepticism," which may be on display when the court delivers its eagerly awaited Bilski ruling.
In the USA, the President appoints judges, and the senate votes for or against those nominations. Sadly, the Obama administration has ties to Hollywood, and will probably appoint another anti-consumer judge...and the senate, under Democrat control, is not likely to vote against such a judge.
You could say the democracy is broken.
Palm trees and 8
"Golden Boy" Obama has surrounded himself with ex-lawyers from the RIAA / MPAA. Good luck on getting a good appointee.
http://www.osnews.com/story/23002/Obama_Sides_with_RIAA_MPAA_Backs_ACTA
Sotomayor is definitely pro IP, but she is NOT pro corporation. The two are not mutually inclusive.
http://www.webpronews.com/topnews/2009/06/05/whats-sotomayors-stance-on-intellectual-property
She is not pro-corporation as stated above. One of her first comments while being questioned made that very clear. She believes corporations should NOT be granted any rights of a 'person'.
http://blogs.wsj.com/law/2009/09/17/is-sotomayors-corporations-arent-people-comment-a-harbinger/tab/article/
Obama will replace him with someone anti "fair use". He was put on the throne by the media
How can one get elected to the office of President without support of the major TV news networks, all of which are in the MPAA?
You're right, he did surround himself with a lot of former intellectual property "advocates". It's disappointing.
On the other hand, he's had an amazing first year.
Real laws by "requests for comments" (RFC)? That sounds like either despotism (by pimply CS grad students) or anarchy. I don't care for either.
As much as current democracy/Congress is likened to sausage making, I think this sausage is far preferable to that mess
Sucks to be ignorant, doesn't it?
One of the best things about RFCs is that, whenever possible, the final draft is defined by the results obtained from multiple prototype implementations. Versus the current system of law making in Congress which is more about the demagoguery of professional bullshit artists than it is about empirical results.
When information is power, privacy is freedom.
FTA: let's hope that whoever President Obama appoints to replace him will follow in Stevens's footsteps and defend Fair Use, not corporate copyright interests.
HA HA HA HA HA HA HA HA HA HA HA!!!
I needed a good laugh. Thanks.
Stevens was also one of only two judges in Eldred v Ashcroft to reject the Copyright Term Extension Act as unconstitutional.