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The problem over apyright protection
The US Supreme Court has just stepped into a public debate about the relationship between property and creativity in the information age. The Court’s decision to hear an obscure copyright case looks certain to fuel a debate that could have lasting implications for the publishing and entertainment industries and for individuals ranging from artists to scientists. (46) . The case in question tests the constitutionality of what opponents call the "Mickey Mouse Protection Act", the 1998 copyright extension law that saved Disney’s cartoon character from imminent death, in copyright terms. (47) .
Beyond the semantics lies a much more important public debate about the nature of property on the internet. In a world where the theft of copyrighted property has been rendered effortless by technology, how can creators be rewarded without stifling the flow of ideas necessary to feed future creation (48) .
The issue was forced to the justices’ attention by a group of academics campaigning to defend the "public domain". James Boyle, an intellectual property theorist and Duke University professor, paints this domain as a kind of creative common land where we all graze of intellectuals and scientists (and computer geeks) at Duke, hoping to launch a movement to protect domain. (49) .
The case now before the court is art of the anti-enclosure campaign. (50) .
A. It was the brainchild of Lawrence Lessig, legal theorist of the internet, who argues that the essence of the internet is the freedom to innovate.
B. How can society balance private and public rights in ideas
C. He argues that the inexorable advance of intellectual property law in recent years constitutes a "second enclosure movement" to parallel the 18th century enclosure of English common lands.
D. Its examination of the limits of intellectual property will elevate to national prominence, a debate previously limited to academics, intellectuals and the occasional computer geek.
E. The case is to put the copyright law into question.
F. The justices must decide whether the LIS Congress exceeded its authority when it used that law to extend copyright protection by twenty years.