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Lessig on his Eldred Defeat
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posted by mpawlo
on Wednesday March 03, @10:11AM
from the interesting-people dept.
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In an article named "How I lost the big one", Professor Lawrence Lessig, recounts the outcome in the Eric Eldred case. Greplaw readers sometimes criticize me for referring to Lessig as Eeyore, but following this statement, do you really blame me?
Lessig states:
'We had in our Constitution a commitment to free culture. In the case that I fathered, the Supreme Court effectively renounced that commitment. A better lawyer would have made them see differently.'
Lessig continues in - as described by Copyfight's Donna Wentworth - his 'Eldred post-mortem' claiming to be a failure as lawyer in the Eldred case, because he did not fully appreciate the practical, non-academic side of the case - Lessig could not make the judges see the practical harm of letting congress extend copyright.
Mikael Pawlo's comment: Having listened to Lessig on numerous occasions since 1998 and forward, I have a hard time believing that anyone would have done a better job arguing the case. However, I do agree with Lessig that he could be a better lawyer. A good lawyer would not keep repeating his mistakes in public. A good lawyer would continue in pursuing his clients cause instead of repeating his clients defeat. A good lawyer would not make himself look like Eeyore in Winnie the Pooh. It may be an interesting read and great stuff for law students, but I think Lessig would do more good should he focus on pursuing other goals instead of trying to put down in words why he lost the Eldred case. The Eldred case was lost. Now, lets move on. Leave the analysis to others. There is a million copyright battles to be fought. Lessig to battle stations! Now!
Read Professor Lessig's article in Legal Affairs.
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I'm not a lawyer, but I have represented my self in a couple of cases. In one of the cases, I lost because I was essentially hoodwinked by the other side (both the crown and the judge). As I was bemoaning the fact that I hadn't seen the broadside coming (I was reasonably sure that I had my law and authorities down pat), a lawyer friend of mine (he couldn't represent me because he was involved in another aspect of the case) said, "yeah, well that's why they call it a 'practice'".
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My point exactly. It is also my strong belief that failure analysis is best conducted by others, especially when it comes to public perfomances. But I wish to be wrong.
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Humanity has the stars in its future, and that future is too important to be
lost under the burden of juvenile folly and ignorant superstition.
- Isaac Asimov
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