The big news of the week is that the US Supreme Court has decided to reconsider whether the Congress’s persistent extension of copyright terms is unconstitutional. Lots of intelligent comment and reporting on this — from Dan Gillmor, The New Yorker and The New York Times. There’s also a useful American Lawyer article on the case.
The Berkman Center at Harvard has played an important role in challenging the hegemony of copyright owners. Here is the text of the newspetter they put out following the Court’s announcement:
“The US Supreme Court announced today that it has granted certiorari in Eldred v. Ashcroft, a case challenging the constitutionality of the Sonny Bono Copyright Term Extension Act (CTEA). At issue in the case is whether there are constitutional limits to Congress’s power to extend the term of copyright.
Since 1960, Congress has extended the term of copyright no fewer than 11 times. The CTEA extended the term of copyright by another 20 years, to 95 years; it also extended the lengths of protection for the works of individuals from life plus 50 years to life plus 70 years, and extended the protection for works made by corporations to a total of 95 years.
The Supreme Court’s acceptance of the case means that at least four members believe the CTEA raises important constitutional questions. A date for oral arguments has not yet been set.
Among those fighting the CTEA on behalf of Eric Eldred are Stanford law professor Lawrence Lessig, Berkman Center Director Charles Nesson, and Berkman Center Faculty Co-Director Jonathan Zittrain.”
Here’s a complete archive of arguments made and briefs filed,