Thread: Retroactive Copyright?
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Old 03-10-2011, 09:08 AM   #14
Kali Yuga
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Quote:
Originally Posted by Hamlet53 View Post
Well at least here in America the government often feels free to ignore international law when it suits them...
I don't think this is just an American trait.


Quote:
Originally Posted by Hamlet53
It is disturbing that this sort of retroactive change basically throws the copyright status of works into a sort of continued uncertainty. Methinks it is an attack on the very idea of public domain works.
It is disturbing, hence the court challenges. The problem is that especially now, the SCOTUS does not believe its job is to determine whether a law detracts from a public good. Rather, they believe their job is to determine whether or not a law is Constitutional.

As to whether it's an attack on PD, I don't think that's really the case. It's a question of determining the extent of the powers of Congress to set copyright terms, and whether PD status can be rescinded.
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