Why does legislative authority matter?
Traditionally, copyright law has been based on Article I, Section 8 of the U.S. Constitution, which gives Congress the power: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries However, the same section of the U.S. Constitution also gives Congress the power : To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes along with the power: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers These two provisions historically have been probably the most widely construed in the entire constitutional framework, with the possible exception of a part of the fourteenth amendment. This from Benjamin Reeve: “If one scans the legislative record associated with the DMCA (see Question 4.4.6), one realizes that Congress recognized that the DMCA was a departure from traditional copyright prin
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