[Pokepokalypse]

Frankly, at least in the context of US Copyright Law, we need to go back to Article I of the Constitution that defines copyright. The very first sentence is "To promote the useful arts and sciences..."

If congress passes a copyright law, and that law can't demonstrate that it actually MEASURABLY does promote the useful arts and sciences, (but rather hinders them, as is often the case), then that law should be overturned, desecrated, and posted on a wall-of-shame as an example to others of what doesn't work.

I think that would solve 90% of our problems with copyright law. But that's just me. I'm not typically a "Constitutional Originalist" but I think this kind of thinking here could help.

[kitsunesoba]

Fully agree. Copyright was originally conceived as a scalpel, but has been turned into a bludgeon. Its current scope and power is far too great.

[dclowd9901]

You can blame brain-dead case law and precedent for that, no doubt bought and paid for by corporations who can afford great lawyers to keep stretching the definition until it's completely unrecognizable.

[randmeerkat]

> You can blame brain-dead case law and precedent for that, no doubt bought and paid for by corporations who can afford great lawyers to keep stretching the definition until it's completely unrecognizable.

How important is precedent..? Roe v Wade was overturned despite decades of precedent. Law right now seems to be as dynamic as tech.

[xbar]

Make me a judge and I will fix it.

[AdamJacobMuller]

The problem with that approach is that it would be trivial for companies to produce volumes of work and information demonstrating that it does.

Do you really think that someone like archive.org can do a better job of proving the negative than DisneyDiscoveryWarnerComcast will do producing volumes and reams of information demonstrating how they can only afford to keep making new content and supporting small creators if copyright lifetime is extended to 500 years?

IMO compulsory licensing is the way.

[gamblor956]

The full quote is: "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."

The Constitution does not require that IP laws actually or measurably promote the "useful arts and sciences" because the Constitution does not require the promotion of the useful arts and sciences but rather the progress of such. Moreover, the second half of the statement, says how Congress is Constitutionally supposed to accomplish that.

The idea is protecting even the stupid stuff is what lets the actual innovation proceed, the same way protecting Larry Flynch and flag burning protects other forms of speech.

[AwaAwa]

Pretty sure that 'useful' has been defined as 'make someone ridiculous amounts of money' and is part of the 'constitution' that lobbyists imprint on their marks.

[yieldcrv]

> I’m not typically a “Constitutional Originalist” but

Don't worry, 50 years was only close to the median amount of time that it takes for old laws and old court rulings to be overturned

So it wont undermine your brand to support, ironically, what might be seen as a rogue court outcome nowadays

[ajb]

Sadly the supreme court already declined to interpret that clause as a restriction: https://en.m.wikipedia.org/wiki/Eldred_v._Ashcroft

[ThunderSizzle]

I don't disagree until your ending qualification. Being picky and choosy on when it's good to be a Constitutional Originalist means you might as well not be. If the Consitution is a dynamic living document beyond just amendments on one topic, then an originality argument loses weight even on another topic

[7speter]

Constitutional originalism is a rather recent construct. Its just that no one points out it was something mostly crafted by antonin scalia and friends that we think its some idea someone like Thomas Jefferson came up with.

[mrdatawolf]

Isn't it, really, a counter to Woodrow Wilson's, then, new idea of the Constitution being a "living" document? And it's funny you bring up Thomas Jefferson, who wrote it as a static document with a mechanism to change it (Amendments). Add to that the fact that he said it should be scrapped every generation so it would better reflect the current times. Neither of these approaches argue for it being a "dynamic living document".

[frankfrankfrank]

It would be funny if I didn’t think you were actually serious. It may be a recent term, but only because so many have arrayed against the Constitution and all the freedom and liberty it provides. It is solely a function of the enemies of freedom and self-governance that we even require such a ludicrous category as constitutional originalist, aka abiding by the Constitution.

[jasonfarnon]

Are you suggesting "living constitution" is of any vintage?

[theonlybutlet]

There's an in-between. The spirit of the law.

[ThunderSizzle]

That's how one should primarily live - the middle way, the narrow path, but without being lukewarm.

I'm pointing out that being an originalist is also a sort of appeal to authority to the Constitution. If the authority is then wrong on another topic, it undermines the point of the respect of the authority.

That's why saying "I'm not always an Originalist" while literally making an Originalist argument makes no sense. It would've been better to simply not make that qualification.