Re: Constitutional Challenge to (C) Code

On 4/1/98, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> On Tue, 31 Mar 1998, Thomas Cotter <cotter[_at_]law.ufl.edu> wrote:
> >
> > I don't think it would be that hard to come up with a litigable case
> > or controversy to test the constitutionality of the legislation.
> > Hire an orchestra next year to perform Gershwin's "Rhapsody in Blue,"
> > which (I believe) is set to go into the public domain on January 1,
> > 1999, if the term extension doesn't pass. When the orchestra is sued
> > for copyright infringement, it can raise the constitutional argument
> > as a defense.
>
> Academically, that's correct. Real life, it means putting your money
> where your mouth is and standing up as a defendant in a case with
> substantial enough damages to make it to trial. My sense is that those
> arguing unconstitutionality of a life+50 or life+70 term aren't willing
> to put themselves on the line like this.
>

I propose a compromise: a team of pro bono litigators to defend the first person sued under the term extension on this ground. I am willing to volunteer (barring conflicts, of course), as long as there are some others who actually litigate day to day to do some of the work too.

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Thu Apr 02 1998 - 15:15:32 GMT