The Eldred decision is disappointing, but the game isn’t over.
A Salon article by Siva Vaidhyanathan analyzes the Supreme court ruling, and gives cause for hope.
The Court supported Congress’ right to extend copyright terms, but also re-iterated key principles of copyright law: the right to fair use of copyrighted content; and the right to build on ideas contained in copyright works.
Congress is still free to change its mind if enough of us speak up.
In 1998 when the DMCA and the Sonny Bono Copyright Extension bills were passed, the loudest voices in the political process were the media and entertainment businesses. Most individuals had never heard of the issue. The major media didn’t cover it. Geeks were likely to take the technolibertarian position that government actions weren’t worth bothering about.
It’s different now. The mainstream media is telling the story. More people understand the rights we’re losing when copyright control is extended far beyond the balance defined by the founding fathers. More people who understand the technology are starting to speak up and participate in the political process.
It’s in our hands now.