Bookmarks - Internet stuff: Elena Kagan
Ben Sheffner combs through Elen Kagan's record to date in an attempt to calculate how she might vote on big copyright cases should she be confirmed on the Supreme Court:
Still, it's reasonable to conclude that she likely takes a broad view of fair use—not necessarily a bad thing for labels, which have cited the fair use doctrine when defending themselves against sampling claims. And the industry can't help but be concerned that, while at Harvard, she may have absorbed, at least through osmosis, the highly skeptical view of copyright that pervades academia.
The verdict that the music industry might find her having, you know, thought for a living "concerning" is both delightful and a reminder of why the record labels are beyond hope.
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