Tuesday, October 10, 2006

Looking back, looking ahead

The Patry Copyright Blog: The 109th Congress
The first session of most Congresses is usually devoted to oversight hearings and gathering information. There are a number of areas that could use serious attention in the 110th Congress. I mention two: First, the secondary liability issues left unresolved by the Supreme Court in Grokster. The Court is dysfunctional, issuing 9-0 opinions, as in eBay and Grokster, which are undercut substantially by dueling groups of concurring opinions, leaving litigants, lower courts, and the rest of us trying to figure out what's next. It is well past time for Congress to assert itself, and to permit the public to join the debate in open hearings and the give and take of the democratic process, rather than having to suffer from the Court's own internal politics.

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