The Supreme Court long ago made clear that patents and copyrights are a matter 
of almost unlimited discretion for Congress. The *one* thing the Constitution 
makes clear about patents and copyrights - that they are to be effective for a 
limited time - Congress has demonstrated that they do not intend to be limited 
by, and the Court does not take efforts to make them seriously.

They probably wouldn't sit still for Congress completely eliminating Fair Use 
due to First Amendment concerns, but if they wanted to institute a 
sweat-of-the-brow doctrine to protect telephone directories tomorrow, the 
Supremes wouldn't say boo.


-----Original Message-----
[] On Behalf Of Chris Travers
Sent: Monday, January 23, 2012 1:28 AM
Subject: Re: [License-discuss] Golan v. Holder

Is it just me or does Golan more or less read out of the Constitution any 
functional requirements regarding copyright law and read the copyright/patent 
clause basically as delegating unlimited power to Congress in this regard?  I 
mean can Congress now start allowing telephone directories to be copyrighted, 
since we no longer care about promoting the progress of anything?

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