Constitutionality Of The Copyright Royalty Board To Finally Get Tested In Court

from the will-it-matter? dept

Last year, we noted that, it seemed clear that the Copyright Royalty Board was unconstitutional. This was due to a technical legal process change a few years ago (which also impacted the patent appeals board). Still, I noted that this probably wasn’t a huge deal, because even if the CRB were found to be directed by improperly chosen judges, it would likely be “corrected” quickly by having the President (or a dept head) “reappoint” those same judges. Still, it’s been odd that courts have been wary of addressing this issue. Earlier this summer two separate court rulings punted on the issue and refused to address it, instead focusing on other issues.

However, Live365 has now filed a lawsuit where this is the key issue, so hopefully a court will finally address it. Live365, of course, is at the mercy of the Copyright Royalty Board, and its ridiculous royalty rates, which make it nearly impossible to build a webstreaming business. Still, I’m not sure how much of an impact such a lawsuit can really have in the long run. As mentioned, even if it is found that the board is unconstitutional (which, a pretty plain reading of the Constitution suggests it is), it’s not clear if anything really changes. The board will just get reappointed. At best this could throw out old CRB rulings. So it could be helpful to buy some time, but it’s not clear if it addresses the underlying problem of why three old judges get to decide the business model of a bunch of companies.

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Comments on “Constitutionality Of The Copyright Royalty Board To Finally Get Tested In Court”

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7 Comments
Anonymous Coward says:

Side-note: The first two commas in the opening sentence are unnecessary and make the sentence awkward.

On-topic: I wish Live365 some luck in this. America has let capitalist philosophies blind them so corporations are running roughshod over everything and everyone. Capitalism is a strong idea, but you can’t have full unregulated markets (as the recent economic hardships have proven) and you can’t have industry players making up the rules that govern themselves.

Of course its all moot since they can just have paid politicians make the rules for them. I really think for-profit companies should not be allowed to make campaign contributions.

Free Capitalist (profile) says:

Re: Re:

Capitalism is a strong idea, but you can’t have full unregulated markets (as the recent economic hardships have proven) and you can’t have industry players making up the rules that govern themselves.

But therein lies the issue at hand… we do NOT have unregulated markets in the U.S. We have large corporations given preferential treatment by law, and allowed (these days encouraged) to run roughshod over new competition. The creation of the CRB is a manifestation of this very unfree approach to market control.

Traditionally, “free market” had nothing to do with a Corporate Republic. Thank the media for twisting the meaning of a decent ideal into the practice of tyranny…. perhaps to make room for a new kind of tyranny altogether.

I would like to see more investigative reporting on the background of the judges on the CRB. Particularly on the so called PhD of Economics: “Judge Wisniewski”.

Dark Helmet (profile) says:

Re: Re: Re:2 Re:

“However I did get the tin-foil helmet. Fabulous!”

Very nice! Throw a couple of Jim Marrs books on the list and you’ll actually be wearing it!

Isn’t it wonderful how it conforms to the head? Plus, if someone really stupid starts talking to you and won’t stop you tear off a piece ofthe of tin foil and jam it between their teeth to give them that oh so wonderful tingling feelng….

Anonymous Coward says:

Re: Re:

Actually you can have full unregulated markets, however it will murder large mega corps that we have nowadays. This is why Mega Corps will never ever EVER push for full deregulation, they only push for particular fields to be deregulated that only aid mega corps. This is a VERY basic fact taught in economics classes. Go read a book then come back here to post.

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