Comments on: When Judicial Lips Are Sealed https://archives.lessig.org/?p=2704 2002-2015 Tue, 24 Aug 2004 16:16:15 +0000 hourly 1 https://wordpress.org/?v=5.7.2 By: Adam Mansfield https://archives.lessig.org/?p=2704#comment-6209 Tue, 24 Aug 2004 16:16:15 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6209 Judge Posner – The aimster opinion that you linked to is a pdf from West. Aren’t their headnotes copyrighted or something like that? Here is the relevant part of their copyright statement from their website:

No part of a Westlaw transmission may be copied, downloaded, stored in a retrieval system, further transmitted, or otherwise reproduced, stored, disseminated, transferred, or used, in any form or by any means, except as permitted under the terms of the Subscriber Agreement wherein you obtained access or with the prior written agreement of West.

Believe me, I don’t care. I would love to see some sort of open source access to as many legal opinions as possible. I am addicted to the free law student access to Lexis and West, and am not looking forward to the withdrawl after I graduate. Anyway, wouldn’t it be better to link to a copy of the case that doesn’t include copyrighted material.

What a great example of how easy it is to violate someone’s copyright.

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By: karl https://archives.lessig.org/?p=2704#comment-6208 Tue, 24 Aug 2004 13:17:02 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6208 Judge:

Speaking of lips being sealed, a third area judges don’t discuss, that the appearance the system is working is more important than it actually working, especially when the problem is indigent. Even in the Seventh Circuit where there is a strong libertarian streak, there has been deafening silence on the subject of that court signing off in capital cases on the execution the factually innnocent such as Anthony Porter.

– k

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By: Palooka https://archives.lessig.org/?p=2704#comment-6207 Tue, 24 Aug 2004 01:25:08 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6207 Judge Posner,

I would like this chance to say what a big fan of your work I am. Your work, among others, has inspired me to pursue law as a career. While not really in the spirit of the professed topic of technology, I was wondering if you could discuss the merits of the Goodridge decision.

Back to the topic of technology. I was going to ask about your feelings about intellectual property (especially the effect of lengthening terms), but I see you are already addressing that. Will comment later.

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By: Chuck https://archives.lessig.org/?p=2704#comment-6206 Mon, 23 Aug 2004 12:47:59 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6206 As a person in Fairvote Minnesota, an organization promoting instant run-off voting, I second David Nesting’s query about your views on alternative voting systems.

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By: joe tomei https://archives.lessig.org/?p=2704#comment-6205 Mon, 23 Aug 2004 12:45:46 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6205 Judge Posner,
With the publication of Michelle Malkin’s new book on the Internment, I wonder if you could speak on your 2001 comments in Harper’s about Korematsu being ‘correctly decided’. Are you still of the same opinion and do you feel that the social impact of the case was sufficiently mild to make Korematsu a good decision? How do you consider and try to quantify social impact when you make a decision?

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By: David Nesting https://archives.lessig.org/?p=2704#comment-6204 Mon, 23 Aug 2004 12:22:22 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6204 Judge Posner,

Regarding your views on the 2000 election and your assertion that the incumbents generally resist changes in the way they are elected, I’m curious to know your thoughts on the practicality or viability of completely alternate voting systems, straying from the “one man, one vote” system we have today in favor of systems making use of rankings or approval votes that, in theory, could allow us to more accurately elect people into office.

It seems to me that a change of this magnitude has the potential to pretty much end the duopoly we have today, since a lot of people (like myself) feel we must vote strategically so as to not allow the worst of the two major parties to become elected, possibly disregarding the person we *really* wanted in office. Obviously, this would be at the expense of either of the major parties in power at the time, which suggests it would be heavily resisted no matter who was in charge. Is there any way around this?

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By: Joseph Pietro Riolo https://archives.lessig.org/?p=2704#comment-6203 Mon, 23 Aug 2004 11:18:38 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6203 To Three Blind Mice:

By all means, you should disclose to Judge Posner
where you are from so that he can put your question
in the proper context. I don’t think that he is
aware that you are a foreigner disagreeing with the
basic tenets of copyright (i.e. your inquiry
overlooked the tension between copyright and First
Amendment).

This is not to say that you can’t make any inquiry
here but your inquiry will look odd to those who
do not know your background (i.e. any court will
see your view on limitation on copyright as odd
and awkward very odd).

Joseph Pietro Riolo
<[email protected]>

Public domain notice: I put all of my expressions
in this comment in the public domain.

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By: three blind mice https://archives.lessig.org/?p=2704#comment-6202 Mon, 23 Aug 2004 08:04:19 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6202 judge posner,

welcome to the jungle.

one of the vines that twists its way around every branch of this forum is the concept of innovation. part of this is due to the US-centic focus of this forum (and that unfortunate preamble in the US constitution), but innovation is also the rhetorical high ground. it is one area where pretty much everyone is in agreement: promoting innovation good, and stifling (or “chilling” to use the preferred language of civil libertarians) innovation bad.

as you are of course well aware, article 1, section 8 of the US constitution limits congressional authority to granting exclusive rights “to promote the progress of science and the useful arts.” (i.e., to promote innovation)

in granting monopolies however it seems to us that the US congress (and courts) must invariably stifle one person’s innovation in order to promote another’s.

many in this forum view congress’ copyright laws as stifling (or chilling) innovation in how the internet and other computer equipment is used. others, such as we three blind mice (electrical engineers all of us), have the broad view that these same laws promote innovation in the creation of content and accept the constraints in internet development and computer use as necessary and beneficial.

the grokster ruling will, for example, promote innovation of content distribution while producing very serious chilling effects on the innovation of some content creators.

since it is carved in the stone of the US constitution, US courts cannot ignore the “promote” clause it, but what would be your view as an outside observer? do you think the promote clause helps, or hurt, the congress in passing rational copyright legislation? does it help, or hurt, the courts in reviewing this legislation?

the three blind mice think the limitation “to promote the progress of science and the useful arts” is something which casts odd and awkward shadows over the copyright debate in the US and is problematic for the rest of the world who are not so constrained.

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By: dustin https://archives.lessig.org/?p=2704#comment-6201 Mon, 23 Aug 2004 06:47:49 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6201 How about actually breaking down some past decisions for us. You see, there are many people out there (myself included) who simply don’t know how to go about reading that PDF you linked to. We rely on others (the ‘media’ mostly) to tell us what has actually been decided. Do they even talk about the most important points? Who knows? Not me, that’s for sure.

PS: Welcome.

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By: joe https://archives.lessig.org/?p=2704#comment-6200 Mon, 23 Aug 2004 04:21:08 +0000 http://lessig.org/blog/2004/08/when_judicial_lips_are_sealed.html#comment-6200 I would be interested to hear about what you think about the “perfect storm” of election-related issues summed up in this recent article by Ronnie Dugger in the Nation: “How They Could Steal the Election This Time” http://www.thenation.com/docprint.mhtml?i=20040816&s=dugger

Do you think that voter protection groups are doing enough? Too much?

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