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by gamblor956
1170 days ago
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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. |
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