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[dvd-discuss] copyright clause preamble



In Festo, I found a lot of "preamble" , which according to the dc circuit is 
irrelevant.


The patent laws “promote the Progress of Science and useful Arts” by 
rewarding innovation with a temporary monopoly. U. S. Const., Art. I, §8, 
cl. 8. The monopoly is a property right; and like any property right, its 
boundaries should be clear. This clarity is essential to promote prog-ress, 
because it enables efficient investment in innovation. (Festo Ussct)

Vs.

Here the plaintiffs run squarely up against our holding in Schnapper v. 
Foley, 667 F.2d 102, 112 (1981), in which we rejected the argument "that the 
introductory language of the Copyright Clause constitutes a limit on 
congressional power." (Eldred DC Circuit)

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