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Re: [dvd-discuss] Eldred Transcript Online

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On Fri, 18 Oct 2002, Jeremy Erwin wrote:

> I seem to recall, somewhat dimly,that the CTEA actually did remove some 
> works form the public domain. Is this correct?
> "
> 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?
> GENERAL OLSON: You could arguably [*42] -- you could conceivably make 
> that argument, Justice Souter, but there is a bright line there. 
> Something that has already gone into the public domain, which other 
> individuals or companies or entities may then have acquired an interest 
> in, or rights to, or be involved in disseminating --
> "
> Jeremy