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I do agree that it's a tremendous missed opportunity. While I am violently opposed to long copyright terms, I also believe in rule of law, so the right way to do something like that is for Congress to change the law, not to have the law bypassed by a judge in some consent decree.
One of the great truths that I've found is that there is always someone who is going to push the envelop. It doesn't matter if it's capitalism, the law, politics or game playing, someone is always going to try to gain an advantage.
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