FC: Charles Sims on why Lessig should have lost, Supremes are right

[Declan McCullagh <declan () well com>]

Chuck Sims is an attorney who specializes in First Amendment law; he also 
represented the Motion Picture Association of America in its successful 
DMCA lawsuit against 2600 magazine in the DeCSS case. See background:
http://www.politechbot.com/p-03826.html

Previous Politech message, with links to opinions from today's ruling:
http://www.politechbot.com/p-04316.html

-Declan

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Date: Wed, 15 Jan 2003 13:27:07 -0500
From: "Charles Sims" <CSims () proskauer com>
To: declan () well com
Subject: "Copyright bargain" RIP

Declan:
Larry lost, but creators and the public won.  Moreover Larry (and his crew 
of 38 law professor regular amici) didn't just lose they lost a lot: they 
dragged down their central analytic tool, the "copyright bargain" or "quid 
pro quo" argument that they make in every context (but which the Supreme 
Court has never accepted), down to defeat, with Justice Ginsburg cabining 
it to the patent context, where it arose and belongs.

Charles S. Sims
Proskauer Rose LLP
1585 Broadway
New York, NY 10036
212.969.3950  tel.
212.969.2900  fax
csims () proskauer com
---

[Also I'm attaching this statement from the MPAA below. --Declan]

STATEMENT BY JACK VALENTI
President and CEO, Motion Picture Association of America

On the Supreme Court Ruling on Eldred v. Ashcroft

We are pleased that the Court has reaffirmed the absolute authority of 
Congress to set copyright terms.  We have always maintained and the law has 
long-recognized that copyright, whose aim it is to provide incentive for 
the creation and preservation of creative works, is in the public 
interest.  That is why this ruling is a victory not solely for rights 
holders but also for consumers everywhere.

January 15, 2003




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