Re: Question about the old BSD license and GPL (gtkipmsg)
On Thu, Jun 21, 2001 at 11:12:58AM -0400, Chloe Hoffman wrote:
> If we're talking about enforcement of copyright in a court
> of law, then I would note, as summarized by Eugene Volokh
> In Harper & Row, Publishers, Inc. v. Nation Enterprises,91 the Supreme
> Court made clear that copyright law is substantively constitutional:
> the First Amendment does not shield speech that infringes another's
> copyright.92 Copyright, the Court said, is itself an "engine of free
> expression" because it "supplies the economic incentive to create and
> disseminate ideas."93
Wait a minute.
Just because copyright law is constitutional doesn't mean that it takes
precedence over the 1st amendment. There are some very specific criteria
which the courts have established, which must be met before 1st amendment
rights are suspended.
However, we still have the issue for other countries...