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Against Monopoly

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IP Law

Monopoly corrupts. Absolute monopoly corrupts absolutely.





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The Second Circuit Two-Step

Second Circuit Court of Appeals upholds a federal law that bans "bootleg" recordings of live music performances. It admits that the law is not constitutional under the limitations of the Copyright Clause, but in the next breath explains that it is still permitted under the even broader Commerce Clause which essentially allows the federal government to regulate everything in today's world.

The one silver lining is that the Appeals court remanded the case back to the trial court to consider possible First Amendment defenses. It is still unclear how that argument might shape out in court.


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