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On  3 Jun 95, James Cook wrote:

> What is the nature of the constitutional case which you think can be
> made?  I see that there are constitutional issues in the phrases
> "freedom of expression" and so forth. But exactly what case would be
> made between what kinds of plaintiffs/defendants, and to obtain what
> kinds of remedies now recogised at law?

It's not a case. It's part of the constitution. (Interesting, isn't 
it, that copyright was mentioned in the main document by free 
expression didn't come until an amendment.) The specific language 
gives Congress the power to "promote the progress of science and 
useful arts, by securing for limited times to authors and inventors 
the exclusive right to their respective writings and discoveries." 
See the Feist ruling itself for an interesting discussion of the 
implications of this. The court has several times seized upon the 
"promote the progress" portion of this passage, making it clear that 
copyright exists *NOT* to lock up information but rather to ensure that 
its dissemination. Providing a system that guarantees fair compensation  
is seen as an essential ingredient to promoting intellectual 
advancement. If copyright law fails to provide sufficient protection 
and as a result discourages intellectual advancements, it could be 
regarded as unconstitutional.
____________________________________________________

ERIC K. MEYER                    meyer@newslink.org 
WWW NewsLink       http://www.newslink.org/newslink/
____________________________________________________

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