Lawrence Lessig has filed his report on his performance in front of the Supreme Court (and his perspective on how it went) in last week’s Eldred v. Ashcroft arguments.
It’s incredibly interesting to me to see his approach to the entire line of reasoning — how the Court has historically viewed the commerce clause of the U.S. Constitution as granting an enumerated power that has inherent limits, and that the goal was to get the Court to see the copyright clause as granting a similar enumerated power. (For background, Glenn Harlan Reynolds has a great explanation of the concept of enumerated powers.) It’s also heartening to note that his worry isn’t that the Court won’t agree with the greater need to limit terms of copyrights, but that the Court will conclude that it is not within its power to set such limits. He’s right: “They are motivated to do the right thing; they are resisting the right thing for the right reasons. Both sides are good.”
Aaron Swartz also posted his recap of the arguments, as well as his entire day in Washington, D.C.; the most interesting part to me, of course, was his description of Brewster Kahle’s Internet Archive Bookmobile. I wish the damn thing would come to New York City!