The April 2002 newsletter from Chairman Charles Baker explains the Section's decision to seek permission from the ABA to file a "friend of the court" brief (i.e. amicus brief) in favor of the constitutionality of the copyright term extension. In Mr. Baker's words:
"The case could present a field day for those who have anti-IP sentiment --those who say information wants to be free, less protection is necessarily better, the public domain promotes the useful arts better than IP, and when technology advances, IP rights must be cut back."
I don't agree with what he says, and I think he grossly mistates the position of his opponents. But one error is particularly glaring. The people who are looking for a "field day" aren't trying to cut back IP rights; rather, in the Eldred case, they oppose extending the rights. But he is preaching to his own choir, and I suppose that distinction will be lost....
