RE: [dvd-discuss] O'Connor quoted at USA Today from Eldred oral argument

[microlenz(at)earthlink.net]

OK does anyone want to apply the Ninth amendment to this. Public Domain is a 
right of use vested in the people. The CTEA diminishes that right. Judge Bork 
has argued that the Ninth Amendment is a Blot on the Consitution but maybe the 
writers recognized that all rights must ultimately go to the people and cannot 
be taken from them. Removal of works from the PD or extending copyright does 
that.


On 10 Oct 2002 at 17:52, Richard Hartman wrote:

From:           	Richard Hartman <hartman@onetouch.com>
To:             	"'dvd-discuss@eon.law.harvard.edu'" <dvd-discuss@eon.law.harvard.edu>
Subject:        	RE: [dvd-discuss] O'Connor quoted at USA Today from Eldred  oral 
 	argument
Date sent:      	Thu, 10 Oct 2002 17:52:01 -0700
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> That's a very laywerly weaseling around the restriction ...
> 
> -- 
> -Richard M. Hartman
> hartman@onetouch.com
> 
> 186,000 mi/sec: not just a good idea, it's the LAW!
> 
> 
> 
> > -----Original Message-----
> > From: D. C. Sessions [mailto:dcs@lumbercartel.com]
> > Sent: Thursday, October 10, 2002 5:41 PM
> > To: DVD-Discuss
> > Subject: RE: [dvd-discuss] O'Connor quoted at USA Today from 
> > Eldred oral
> > argument
> > 
> > 
> > On Thu, 2002-10-10 at 14:55, Richard Hartman wrote:
> > 
> > > Make _what_ call??  There is no call to
> > > be made!  The Constitution expressly 
> > > forbids retroactive legislation in 
> > > Section 9, paragraph 3: "No bill of 
> > > attainder or ex post facto Law
> > > shall be passed."
> > 
> > That just prevents Congress from passing a law making something
> > illegal after the fact, e.g. declaring the speed limit to be
> > 35 mph after you've already gone by at 45, then socking you
> > for speeding.
> > 
> > It doesn't apply to making future actions (e.g. publication
> > of _The_Jungle_Book_ less than 70 years after Kipling's death)
> > illegal.
> > 
> > -- 
> > | 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> --------------+
> >