Re: Golan v. Ashcroft

From: Kevin Grierson <kgrierson[_at_]wilsav.com>
Date: Fri, 14 Nov 2003 11:05:28 -0500


And the rule against perpetuities has operated happily with its requirement of no bequests being valid if they will not vest for a period longer than a "life in being" (plus 21 years and 9 months, give or take) for some centuries now. The point of that rule is to bring some certainty to the process of vesting interests in estates, which is at least analogous to the copyright limitation.

kwg

Kevin W. Grierson
Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510

mailto:kgrierson[_at_]wilsav.com
ph: 757/628-5603 fx: 757/628-5566
http://wilsav.com

>>> lawlists[_at_]bodi.com 11/13/03 04:21PM >>>

>
> I am no lawyer, but life has no definite end, no definite definition that
> can stand the test of likely "as to time certain" based on current and
> emerging capabilities in life science. What happens when someone lives
> 400 years? Does that person's copyrights get +70 more in monopoly
> interest, next after that will be someone who lives 2000 years and so on?

Most legal definitions of life state that death occurs on the cessation of brain activity, or the heart stops beating. These definitions are scientifically verifiable, and thus are CERTAIN. Science does, indeed, help us find a legal definition of death. Any non-lawyer with half a brain can get it. End of story.

-Bodi

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