June 2, 2003  ·  Lessig

So if you get a chance to read the Supreme Court’s opinion in Dastar, keep in mind this brilliant observation by Duke Law Professor James Boyle:

So we now know that while the word “origin” in an IP statute must be carefully defined in order to prevent rights-creep that would undermine the careful limitiations struck in a statutory scheme, the words “promote,” “progress,” “limited” and even “author” can be defined any way Congress wanted to even if that upsets the careful balance struck in a constitutional clause, because they are only words in the Constitution, and thus much less fundamental.
Got it.

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