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.

The new justice, same as the old justice

While Sonia Sotomayor's proposed elevation to the US Supreme Court is refreshing for a few reasons, it's unlikely to herald much of a new attitude in copyright cases. Web Pro News' Jason Lee Miller points out what Ms Sotomayor's previous life included:

Those currently making, prosecuting, and interpreting intellectual property laws have a clear historical record of siding with Big Content. Sotomayor’s most notable decision as a judge regarding the digital copyright issue involved freelance writers versus Big Content publishers like the New York Times, Sports Illustrated, and Newsday. Freelance writers were peeved that their work, which was contracted for one-time print publishing, was being stored in online databases for use on publication websites.

Sotomayor sided with Big Content by interpreting the law in their favor. An appeals court would later overturn her decision, saying that the publications needed to negotiate for digital rights. The appellate decision was upheld by the Supreme Court. It might be unfair to say Sotomayor would bring a pro-Big Content viewpoint to the Supreme Court based on her anti-counterfeit work for Fendi, but her judicial history might suggest otherwise.

It's another sign that, while Obama and his campaign might have embraced the power of the internet to challenge the status quo, now he's in The White House, he's much more interested in shoring up that quo.

Supreme Court to inspect Janet Jackson's breasts

It lasted only three sixteenths of a second, and yet, five years on, we're still not at the end of the Janet Jackson nipple slip. Now, the Supreme Court is going to inspect the appeal court's rejection of the ridiculous fine that CBS was hit with after a slice of nipple fluttered across the TV screens during Superbowl 2004.

Ofcom might sometimes attach itself to the passing mob, but at least it manages to come to its conclusions, however poor, fairly quickly.

Bono pox upheld

The Supreme Court has kissed the pretty butts of Disney by refusing to throw out the Sonny Bono Act. Doing its bit to keep America just that little bit more stupid, the court said it wouldn't strike out the most recent extension to copyright, which now lasts for a whopping 70 years after the death of the creator, or 95 years if the work is owned by a corporation. With this ruling, however, there's no logical reason why companies can't find a pliable senator (i.e. most of them) and get the period extended forever and ever. After all, (apparently) the people who work for Disney would be out of work if Steamboat Willy was allowed in the public domain.