On 26 Mar 2007 at 16:57, Andrew Stiller wrote:

> On Mar 26, 2007, at 4:55 AM, dhbailey wrote:
> 
> >  he doesn't define what he thinks a "limited time (in the Thomas 
> > Jefferson sense)" really is, so we're each left to picture our own
> > interpretation of that remark.
> 
> I think it may be said without fear of contradiction that "limited
> time" was not intended to encompass a period extending 70 or even
> fifty years beyond the creator's death. Personally, I doubt the
> framers of the constitution thought of anything more than 15 or 20
> years--but hey...

Yes, but the last time the Supreme Court considered the issue, they 
struggled with that one, and concluded that any period of time less 
than infinity was by definition "limited" and since the Constitution 
doesn't place any limits on what is reasonable, they couldn't 
overturn the copyright restrictions they were considering (I can't 
remember which case it was). If I'm remembering correctly, the oral 
arguments centered in large part on this issue. I got the feeling 
that if it were set at 1000 years, they'd consider it excessive, but 
couldn't bring themselves to consider 70 years outside the purview of 
Congress to decide.

*sigh*

-- 
David W. Fenton                    http://dfenton.com
David Fenton Associates       http://dfenton.com/DFA/

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