[wordup] Supreme Court won't hear Eldred case

Adam Shand adam at personaltelco.net
Wed Jan 15 13:50:54 EST 2003


This really really sucks.

I hope Lessig is right and this means that the movement will grow 
because of the loss, but only time will tell. In a joking way this 
comment from slashdot sums up my feelings nicely.

   Re:The first thing this makes *me* think is... (Score:4, Insightful)
   by ArtDent (83554) on Wednesday January 15, @11:22AM (#5088260)

   Treasure Fucking Planet.
   How hypocritical can you get?

At least Disney continues to acknowledge the value of the public domain 
through their actions, despite the fact that they are doing their best 
to destroy it.

There were three opinions. The majority was written by Justice 
Ginsburg[1]. Justice Stevens[2] wrote a dissent, as did Justice Breyer[3].

1. http://cyberlaw.stanford.edu/lessig/blog/archives/01-618o.pdf
2. http://cyberlaw.stanford.edu/lessig/blog/archives/01-618d.pdf
3. http://cyberlaw.stanford.edu/lessig/blog/archives/01-618d1.pdf

While you're at it maybe check out the Illegal Art exibit and see some 
of the exibits that have been forced to stop due to copyright laws.

   http://www.illegal-art.org/

From: http://cyberlaw.stanford.edu/lessig/blog/archives/2003_01.shtml#000862
More: http://yro.slashdot.org/article.pl?sid=03/01/15/1528253

losing

     So I’ve got to go get onto a plane to go to my least favorite city 
(DC). My inbox is filling with kind emails from friends. Also with a few 
of a different flavor. It’s my nature to identify most closely with 
those of the different flavor. David Gossett at the law firm of Mayer 
Brown wrote Declan, “Larry lost Eldred, 7-2.” Yes, no matter what is 
said, that is how I will always view this case. The constitutional 
question is not even close. To have failed to get the Court to see it is 
my failing.

     It has often been said that movements gain by losing in the Supreme 
Court. Some feminists say it would have been better to lose Roe, because 
that would have built a movement in response. I have often wondered 
whether it would ever be possible to lose a case and yet smell victory 
in the defeat. I’m not yet convinced it’s possible. But if there is any 
good that might come from my loss, let it be the anger and passion that 
now gets to swell against the unchecked power that the Supreme Court has 
said Congress has. When the Free Software Foundation, Intel, Phillis 
Schlafly, Milton Friedman, Ronald Coase, Kenneth Arrow, Brewster Kahle, 
and hundreds of creators and innovators all stand on one side saying, 
“this makes no sense,” then it makes no sense. Let that be enough to 
move people to do something about it. Our courts will not.

     I will always be grateful to Eric Eldred, and our other plaintiffs, 
for putting his faith in this case. I will always regret not being able 
to meet that faith with the success it deserves.

     What the Framers of our constitution did is not enough. We must do 
more.




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