Comment Re:Apple effect (Score 3, Insightful) 137
Question is, how do we win round 2
The term "intellectual property" is I believe a misnomer. There is first of all no innate right to intellectual property. The right to own a copyright is no different than the right to drive on the roads, you have to be given the right by the government on the basis of meeting certain requirements. This is very different from a fundamental or innate right. You have an innate right to free speech, it is not something the government gives you
According to the constitution Congress has the right
According to that text, it's clear the current Supreme Court is shirking its responsibility by allowing excessive copyright and patent terms. Excessive copyright terms don't meet the fundamental constitutional requirement of advancing the useful arts and sciences. Disney made a lot of money by taking advantage of the expired copyrights of traditional stories such as sleeping beauty, beauty and the beast etc. I mean even The Lion King is a retelling of Hamlet by William Shakespeare. Did Disney compensate Shakespeare for stealing his story??? If Shakespeare's estate still owned the copyright of Hamlet, Disney would not have been able to make Hamlet. This is clearly proof that the useful arts and sciences are being hindered by excessive copyright terms. The first US copyright laws had only a few years in length