[FYI] (Fwd) FC: Bush admin. says Congress can copyright "public domain

["Axel H Horns" <horns@ipjur.com>]

------- Forwarded message follows -------
Date sent:      	Thu, 10 Jan 2002 01:34:56 -0500
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: Bush admin. says Congress can copyright "public domain" works
Send reply to:  	declan@well.com


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Date: Wed, 09 Jan 2002 23:39:36 -0500
To: declan@well.com
From: Wendy Seltzer <wendy@seltzer.com>
Subject: Government takes more extreme line in second "Eldred" case

Hi Declan,
I thought your readers would be interested in the latest filings from
Golan v. Ashcroft.  While we await the Supreme Court's announcement
whether it will hear Eldred v. Ashcroft, the first challenge to the
copyright term extension, the government has taken an even more
extreme position in this second case.

>In the second challenge to Congress' power to extend the term of
>copyrights, the government has argued for even broader powers than it
>claimed in Eldred I.  In this case, Golan v. Ashcroft, the government
>now claims that Congress has the power not only to extend existing
>copyrights, but also to "restore" the copyright of work that has
>entered the public domain.  And unlike Eldred I, the government does
>not maintain that copyright is "largely" immune from First Amendment
>scrutiny; now the government claims it is totally immune from First
>Amendment scrutiny.  The government has also offered an extraordinary
>but mistaken theory about the history of the 1790 statute.
>
>Read the government brief and Golan's reply at
><http://openlaw.org/golanvashcroft/>
>
>----------
>Openlaw is a project of the Berkman Center for Internet & Society.


--
Wendy Seltzer -- wendy@seltzer.com
Fellow, Berkman Center for Internet & Society at Harvard Law School
http://cyber.law.harvard.edu/seltzer.html




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