Copyright is complex in individual cases. This is about the overall grant of copyright as authorized by the Constitution. It was clearly for a limited time, for the benefit of the people (not the few), using the mechanism of an incentive to create more works. The plain language and the Founders’ discussions leading to the Copyright Clause show this very clearly, as clear as their intent in the Commerce Clause.
It is only with an interpretation as warped as Scalia’s Raich thinking that copyright could be allowed to be what it is today.
Yes——it is now a mess. I have close friends who are attorneys that deal with copyright laws.
I have been disappointed with Scalia’s “conservative” opinions in other cases. Some are right on—but the Raich “thinking” was awful.
Scalia understands logic and reason, being essential to law. His disregard at times for “justice” as coming from Natural Law (Common Sense) and God (Higher Power) shows a disregard for the Supreme Law of the Land.
The idea that a Kagan could be allowed on the Supreme Court is the biggest crime of all, though. It might as well be Karl Marx on the bench. We should have her impeached. It is not possible to take the oath for office with her ideology.