Richard A. Posner
September 18, 2004
Larry Lessig flagellates himself about losing the Eldred case, which upheld the legality of copyright extensions. He shouldnt: Eldred was unwinnable. (The Courts 7-2 vote is one clue). Besides, the worst of the Sonny Bono Copyright Term Extension Acts effects can still be made to disappear, if courts deem it fair use to copy an old work whose copyright owner hasnt taken reasonable steps to provide notice of his rights. This is what Bill Patry and I propose in a forthcoming article in the California Law Review. The present paper is based on that article and on a stint of guest blogging that I did for the Lessig Blog the week of August 22, 2004. See http://www.lessig.org/blog/archives/posner.shtml.