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Re: Wednesday, August 21, 2002
"Once we get that worked out, then we can say exactly how copyright (for example) ought to apply." Argh! This is a problem because the courts and Congress have already determined how copyright "ought to apply" to software. Software is fully protected under current copyright terms. Alternatively, the courts have ruled that software has a expressive component and a functional component. As such, software does not warrant heightened review under the First Amendment. Thus, the courts have already determined that software is not like publishing, not like music. It matters not how we think copyright "ought to apply" until we are in a position to get the law changed and we are far, far from that position. Now, how do we change the law? The only way to do it is via the political process - just as Professor Lessig has advocated the whole time! Sigh... There are responses to this message:
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