The current term of protection for software is the life of an author plus 70 years, or, if it's work-for-hire, a total of 95 years. This is a bastardization of the Constitution's requirement that copyright be for 'limited times.' By the time Apple's Macintosh operating system finally falls into the public domain, there will be no machine that could possibly run it. The term of copyright for software is effectively unlimited.

While control is needed, and perfectly warranted, our bias should be clear up front: Monopolies are not justified by theory; they should be permitted only when…

While the creative works from the 16th century can still be accessed and used by others, the data in some software programs from the 1990s is already inaccessi…

Creation always involves building upon something else. There is no art that doesn't reuse. And there will be less art if every reuse is taxed by the appropriat…

In a very real sense, the Constitution is our compact with history . . . [but] the Constitution can maintain that compact and serve as the lodestar of our poli…

The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the lan…

It was settled by the Constitution, the laws, and the whole practice of the government that the entire executive power is vested in the President of the United…