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Old 01-04-2012, 10:01 AM
Humerox Humerox is offline
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Golan vs. Holder is a pretty good indication to me that the court isn't swayed by corporate interest or Congress regarding copyright.

This was decided this year:

Golan vs. Holder is a case originally filed in 2001 challenging the constitutionality of restoring copyright of foreign works that were previously in the United States public domain by the United States Congress.

Judge Babcock wrote:

In the United States, that body of law includes the bedrock principle that works in the public domain remain in the public domain. Removing works from the public domain violated Plaintiffs’ vested First Amendment interests. [...] Accordingly—to the extent Section 514 suppresses the right of reliance parties to use works they exploited while the works were in the public domain—Section 514 is substantially broader than necessary to achieve the Government’s interest.

Of course appeals are slated for 2012...but I suspect they'll be fruitless.
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