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Against Monopoly

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Monopoly corrupts. Absolute monopoly corrupts absolutely.

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Justin Levine

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Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.
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The Second Circuit Two-Step

Second Circuit Court of Appeals upholds a federal law that bans "bootleg" recordings of live music performances. It admits that the law is not constitutional under the limitations of the Copyright Clause, but in the next breath explains that it is still permitted under the even broader Commerce Clause which essentially allows the federal government to regulate everything in today's world.

The one silver lining is that the Appeals court remanded the case back to the trial court to consider possible First Amendment defenses. It is still unclear how that argument might shape out in court.

[Posted at 06/13/2007 11:49 AM by Justin Levine on IP Law comments(0)]

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