usa copyright/patent system unconstitutional
Wednesday, October 20th, 2004Copyrights and patents are temporary restraints of trade for the purpose of encouraging creativity, not permanent rights, and any set of extensions that creates a de facto situation to the contrary is unconstitutional, especially as it applies retroactively to previously-protected works, where the incentive has long been given and spent.
A rich public domain is as much a necessity for creativity as protection from it. Extending copyrights to one’s lifetime plus 70 years is well beyond the pale that the framers thought reasonable.
This is the crux of the problem with the USA patent and copyright law and enforcement thereof. The entire article is worth a close read, Richard gets it bang-on.
Yes, this is relevant in Canada also, as big brother USA leans on it’s friends and not-so-friends to enact similar (bad) legislation.