Re: [dvd-discuss] LawMeme In-Person Eldred Report

[Joshua Stratton <cpt(at)gryphon.auspice.net>]

> First Amendment issues. Conclusion: Eldred loses the First
> Amendment issues completely. 

This is basically my impression as well.

> Justice Breyer was particularly hard on the government's
> position. He brought in a number of economic arguments.
> Basically, he made the point that the expected value of the
> extended copyright was so small as to be virtually zero. He
> also asked whether the government could recopyright Ben
> Johnson. The government did not say "no." Justice Stevens
> appeared skeptical of the government's arguments. The
> government made much of the inequities of not providing
> retroactive and prospective extension together. Scalia
> questioned whether the inequities argument could be turned
> around. J. Breyer, in essence, answered "yes" by claiming
> that existing copyright owners get all the benefit and,
> inequitably, prospective copyright owners get very little
> benefit. 

Along these lines, I rather liked the question "Who are these people [who 
want retroactive extensions, the benefit being so small]?" even though 
Disney was never mentioned by name.

> Only 25 members of the general public were permitted to
> watch the oral arguments. Anyone who lined up after three
> AM, did not get in (thankfully, it didn't rain). 

Actually, the first 50 people got in. I was #46. Of course, they seated us 
in the vestibule behind the pillars and curtains, so we couldn't see 
anything leftwards beyond the C.J. but it was still great to be there.