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Re: [dvd-discuss] O'Connor quoted at USA Today from Eldred oralargument

On Fri, 2002-10-11 at 06:14, Peter D. Junger wrote:
> "D. C. Sessions" writes:
> : It doesn't apply to making future actions (e.g. publication
> : of _The_Jungle_Book_ less than 70 years after Kipling's death)
> : illegal.
> That is correct, but only because in CALDER v. BULL, 3 U.S. 38
> (1798) the Supreme Court held that the ``ex post facto'' clause
> only applies to penal (which pretty much means ``criminal'') 
> cases.

I don't think that qualifier is necessary in this case.
The proscribed act (publication) is still in the future,
so any law on the subject leaves the actor opportunity
to avoid the proscribed act.

Again, you don't have to create land to pass a statute
prohibiting trespass.

| The race is not always to the swift, nor the battle to the strong. |
| Because the slow, feeble old codgers like me cheat.                |
+--------------- D. C. Sessions <dcs@lumbercartel.com> --------------+