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Copyright Class War, Niels Schaumann
Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels Schaumann
Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels Schaumann
Faculty Scholarship
The author finds little with which to be pleased in the Court’s recent copyright cases. The Court seems to be fighting a holding action, fending off the future by resolutely gazing backward. While the Court has not itself enlarged copyright, it has not meaningfully evaluated Congress’s power to do so, and its decisions freeze copyright into a moment in time long past. Until copyright law recognizes that content is no longer container-bound, it will continue to flounder, desperately seeking analogies to the past and missing the significance of the technological changes all around us. That said, the author agrees with …