Legislating from the Bench

Judge Sidney R. Thomas writes:

The Copyright Owners urge a re-examination of the law in the light of what they believe to be proper public policy, expanding exponentially the reach of the doctrines of contributory and vicarious copyright infringement. Not only would such a renovation conflict with binding precedent, it would be unwise. Doubtless, taking that step would satisfy the Copyright Owners’ immediate economic aims. However, it would also alter general copyright law in profound ways with unknown ultimate consequences outside the present context. (emphasis added)

Good argument against IICA as well. See METRO-GOLDWYN-MAYER v. GROKSTER (2004) [html].

See also: Tim Wu -- Sup Ct cert?