Is it right to think of Eldred as a case where many of us thought that the Court should trump Congress, arguably because of a Constitutional limit, but perhaps more honestly because we are afraid that big business is too represented in Congress whereas the public domain is rather ignored?

But if Congress is the wrong institution there, why is it the right institution here? And how do we know? The answer can’t be “because a court told us so” — that is just too circular. Is it because copyright requires so much balancing? But has not Congress explicitly and implicitly assigned that job of balancing to the courts, for example by making “fair use” an equitable test with suggested factors but few clear lines?

There’s a link for directions to the Courthouse on my Aimee Deep blog. Please say hello if you can make it!

But without Law, they have to take guns with them instead. Their propensity to take cash along, however, continues to be a proposition with dwindling returns. Other means of trade and barter work better and better as this lunacy unfolds.

Perhaps corporations should no longer be considered legal persons? That might put a small finger in this eroding dike.

fwiw,

jd

I hope to see any friends there!

Re mechanics: You can come when the case is expected. There is not usually much of an audience. But this may be different. I’m surprised the clerks office doesn’t have a better schedule, but it is because the judges aren’t announced till the day of argument. So you apparently need to call the clerks office to get the timing.

Given Congress’s predilection lately for favouring companies’ self-interests above those of the commons, and especially given the elimination of “leeway” (as David Weinberger puts it) in technologically-mediated enforcement of rights, I’m not so sure this is necessarily a good thing in all respects. For instance, digital enforcement mechanisms tend to forget about “fair use” and “first sale” in their implementations. Could it be possible that the legislative process may be somehow tainted by corporate copyright holders?

Or when it will start? (The website seems to only have Friday’s calendar.) Can you come approx. when the case will start or do you have to stay through from the beginning?

Alas.
-kd