FC: Charles Sims on why Lessig should have lost, Supremes are right

From: Declan McCullagh (declanat_private)
Date: Wed Jan 15 2003 - 10:37:26 PST

  • Next message: Declan McCullagh: "FC: House Judiciary members applaud Supreme Court copyright ruling"

    Chuck Sims is an attorney who specializes in First Amendment law; he also 
    represented the Motion Picture Association of America in its successful 
    DMCA lawsuit against 2600 magazine in the DeCSS case. See background:
    http://www.politechbot.com/p-03826.html
    
    Previous Politech message, with links to opinions from today's ruling:
    http://www.politechbot.com/p-04316.html
    
    -Declan
    
    ---
    
    Date: Wed, 15 Jan 2003 13:27:07 -0500
    From: "Charles Sims" <CSimsat_private>
    To: declanat_private
    Subject: "Copyright bargain" RIP
    
    Declan:
    Larry lost, but creators and the public won.  Moreover Larry (and his crew 
    of 38 law professor regular amici) didn't just lose they lost a lot: they 
    dragged down their central analytic tool, the "copyright bargain" or "quid 
    pro quo" argument that they make in every context (but which the Supreme 
    Court has never accepted), down to defeat, with Justice Ginsburg cabining 
    it to the patent context, where it arose and belongs.
    
    Charles S. Sims
    Proskauer Rose LLP
    1585 Broadway
    New York, NY 10036
    212.969.3950  tel.
    212.969.2900  fax
    csimsat_private
    ---
    
    [Also I'm attaching this statement from the MPAA below. --Declan]
    
    STATEMENT BY JACK VALENTI
    President and CEO, Motion Picture Association of America
    
    On the Supreme Court Ruling on Eldred v. Ashcroft
    
    We are pleased that the Court has reaffirmed the absolute authority of 
    Congress to set copyright terms.  We have always maintained and the law has 
    long-recognized that copyright, whose aim it is to provide incentive for 
    the creation and preservation of creative works, is in the public 
    interest.  That is why this ruling is a victory not solely for rights 
    holders but also for consumers everywhere.
    
    January 15, 2003
    
    
    
    
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