November 28, 2002  ·  Lessig

In an otherwise great piece for CNET (not run on his list), Declan reported last week that Judge Posner expressed skepticism about expanding IP rights, and that he “praised [me] for challenging the CTEA.” Declan’s a careful reporter, but there is exactly zero chance that Posner said that. Whatever his views about the economic merits of the Sonny Bono Act, federal judges (and especially this seasoned and careful federal judge) don’t go around expressing personal views about the merits of pending lawsuits.

  • Orin Kerr

    I was at Judge Posner’s speech with Declan, and you’re right that Posner didn’t praise the challenge on the merits, or suggest how he would rule in such a case if it had come before him. However, Judge Posner did leave the impression that he was sympathetic with the challenge from a policy standpoint. (In fact, several points in his talk seemed to echo your recent work.) I gather that’s what Declan was trying to report.

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