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Re: [dvd-discuss] Eldred Transcript Online



Jeremy Erwin <jerwin@ponymail.com> quoted:
> "
> JUSTICE SOUTER: Why wouldn't it? If the equity argument under the 
> Necessary and Proper Clause justifies extension of the copyright for 
> those whose copyright will expire tomorrow if it's not extended, in 
> order to put them on parity with those getting copyrights for new 
> works, why doesn't it apply to the copyright, the holder of the 
> copyright that expired yesterday?
> 

Despite a large proportion of the US legal profession being of Jewish roots,
is it not the case that the US constitution was drawn up by people of
Christian background?

That being so (and is it?) there should be no moral requirement for US laws to
provide retroactive alterations to copyright (or any other contract) agreed
in the past when the rules were different.

Jesus taught a parable (Matthew 20: 1-16) concerning a vineyard owner who
hires men to help bring in the harvest. In a nutshell, at the start of the
day 'N' men start work for a shekel each. Later, the owner realises that he's
still short-handed and hires more men, offering them a shekel for the
remainder of the day's work. At the end of the day (paytime), the men who
worked all day for a shekel are unhappy that the newcomers get the same pay
for less work.

Jesus claims that each man must be satisfied with the contract he struck at
the time, not with possible later versions.


I've been reluctant to present this argument before because:
1) Jesus's parable is meant to represent the relationship between God and Man,
   not some silly legal arguments.
2) It's not at all clear if the US constitution and laws are required to
   follow Christian teachings at all.


However, that said, it does provide a rebuttal to the Justice in the S.C.
who argued as Jeremy quoted above.

--

Steve Hosgood                               |
steve@caederus.com                          | "A good plan today is better
Phone: +44 1792 203707 + ask for Steve      |   than a perfect plan tomorrow"
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