[lukifer]

I don't claim that original intent has any bearing on copyrights/patents being enforceable or legitimate. Similar to the 18th Amendment vs. the Volstead Act, the Constitution merely authorizes the power to the state, while specific laws of Congress handle the details.

I'm making the upstream normative claim: so long as we have intellectual property (there are certainly moral and practical arguments against it), laws passed by Congress should reflect that intent: that temporary artificial monopolies also carry positive externalities to society at large. While incentives for creation are certainly part of that story, I think there is a strong case for reforming that balance: shortening copyrights, limiting/eliminating patents on software and business methods, and strengthening fair use and consumer rights.