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- Not exactly true, bitty
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>>> If you want to change the law, talk to Congress, courts don't make the laws.<<<
Not true at all, bitty, actually. Courts make law all the time. It called common law.
The Court also rules on the constitutionality of laws Congress enacts. From time to time the Court makes a bad ruling. Eventually they will overturn their decision. It's happened many times.
"Separate but equal" was overturned.
"Federal courts use Federal Common Law" was overturned.
Excessive long copyrights will be overturned. The very wording of The Constitution makes the law unconstitutional. The Constitution says "authors and inventors". It does not say anything about their children, grandchildren and great-grandchildren. The current law provides the monopoly to authors, their children, their grandchildren, etc. It is a bad ruling that will be corrected.
It is contradictory to claim you support the current law and support "IP" rights at the same time. Tell me, how many of Disney's biggest movies were original stories? Snow White? No. Robin Hood? No. The Lion King? No.
It is a good thing that the current laws were not in effect when Disney made their movies, huh? If these stories had not been public domain then Disney would be the infringer.
It's clear that you have a very difficult time grasping legal principles. You cannot seem to understand infringement is not theft. You certainly know nothing of the history of patents and copyrights in England for if did then you would know the reason for the short terms was in response to the ridiculously long patent and copyright term in English law. The people that wrote The Constitution had the advantage of knowing the English laws. That's the reason for the original terms. Odd how they original laws seemed to be adequate for over two centuries then, suddenly, they had to be changed. The same thing that happened in England. The only purpose it served was to stifle innovation.
I know its a waste of time attempting to explain anything to you. Your simplistic, black and white view of the world precludes any meaningful understanding of abstract principles in your simple universe. Fortunately, more than you will read this. Perhaps some will be interested enough to read the historical record to see the harm caused by such unrealistic terms. I know you will not. In other threads I've seen you post what were obviously deliberate untruths to argue your point. Of course, as usual, when pressed for details you were unable to provide any. Gee, I'm shocked. - Posted by: AmusedAtItAll Posted on: 11/27/04 You are currently: a Guest | Members login | Terms of Use
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