How I Lost the Big One (Legal Affairs)

How I Lost the Big One (Legal Affairs)

Posted Mar 8, 2004 16:32 UTC (Mon) by pimlott (guest, #1535)
Parent article: How I Lost the Big One (Legal Affairs)

To someone who followed the case closely, this reflection is so touching that I have to respond.

So I'll say that the alternative route--focusing on the harms to culture and free expression--would have been been perilous as well. In order to reconcile it with historical copyright extensions, Lessig would have had to demonstrate a qualitatively new impact of the recent law. Then he would have had to convince the court to assume the responsibility (superceding congress) of weighing the harms and benefits of copyright policy. I think this would have been a difficult and complex case to advance. A "free speech" argument per se would have been even more tenuous.

Maybe I read Lessig too much leading up to the case, but he convinced me that the approach he took had the best chances of success.

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