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Re: [dvd-discuss] [openlaw] Government takes moreextremelineinsecond"Eldred" case

I'd say the Gov't brief in Golan got a whole lot of things wrong. If they 
want to heed the founding fathers advice as they claim, why don't they 
address the ORIGNAL 14 yr term....but it certainlyreminded me of Monty 
Python's "Argument Clinic" - "No you didn't", "Yes I did", "I most 
certainly remember you didn't", followed by "shut your festering gob 
....you toffy nosed, maloderous, pervert" the only think it lacked was 
being hit on the head lessons.

I've asked our library to order Posner&Landes.

Jolley <tjolley@swbell.net>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/14/02 09:54 PM
Please respond to dvd-discuss

        To:     dvd-discuss@eon.law.harvard.edu
        Subject:        Re: [dvd-discuss] [openlaw] Government takes 
moreextremelineinsecond"Eldred" case

Following some links from Posner's site I made it to:


where there are some interesting papers.

From William M. Landes' paper "Copyright, Borrowed Images, and
Appropriation Art: An Economic Approach" (No. 113 in the list).

  "Copyright protection, therefore, raises the cost of creating
   new works.  Paradoxically, too much copyright protection can
   reduce the number of new works created."

There are additional statements about the "economic puzzle" of long
duration copyright terms.

  "...a shorter copyright term would reduce access costs without
   significantly reducing the incentives to create new works."

I think this paper by Landes contradicts the Landes & Posner
"Economics of Copyright" as used in the government's brief.  I wonder
if the government has taken a few liberties in the Landes & Posner
paper or has Landes made a dramatic 180 degree turn in the last ten
years.  Anyone find the Landes & Posner paper yet?

The economic approach to copyright is interesting.  It seems to provide
some guidance to what is fair use and how copyright law should evolve.
Is there an economic approach to resolving the DVD case?  To
understand the DMCA?  I'm sure that economic arguments could be made
for any side.

Michael A Rolenz wrote:
> I haven't located the Economics of Copyright but Posner's got a very
> interesting paper on his website
>  http://home.uchicago.edu/~rposner/