we're better off letting Congress make some broad, definitional pronouncements and let the courts settle it out over the years
Maybe -- provided the true public purpose doesn't get lost. Actually we're better of leaving it alone and strictly-constructed, IMO.
Arguments I hear these days on this issue lose all public purpose in favor of total entitlement... it's either complete ignorance, or outright abandonment of Constitutional democracy in favor of admitted kleptocracy.
Imagine our education system if this keeps up, with digital micropayments and further legislation making nothing available for less than an eager price, and for 75 years-plus an understanding of creative materials when combined, becoming prohibitive to review. I.e., only lucky or wealthy can have broad overview of things published, spoken, drawn, programmed, filmed anytime in recent history.
That's the inevitable result of a blind market system. It'll certainly take an enlightened Congress to make a balance, where first-order market profits don't wipe out future second-order public benefits. |
