Larry Lessig notes that the
Larry Lessig notes that the Constitution explicitly states that copyright protection should be time-limited. The debate is therefore not a question of whether to protect (apologies to Richard Stallman), but rather how long is appropriate. That’s what Eldred v. Ashcroft is all about — has Congress overstepped the meaning of the Constitution’s “for limited Times” intent through its unceasing extension of copyright protection?
Lessig’s piece mentions a Rutgers Computer Technology and Law Review article from 1996, “Economically Efficient Treatment of Computer Software: Reverse Engineering, Protection, and Disclosure”. I’d love to read that. I’m just not sure how I’d go about getting a copy.