Re: JMRI case -- Implementation of the Federal Circuit's Opinion

[Hyman Rosen]

amicus_curious wrote:
> I think that the issue of consideration is paramount.  The copyright 
> laws exist to protect the author's ability to benefit from the author's 
> artistic cleverness.

In the U.S., the source of copyright is the constitution:

    To promote the Progress of Science and useful Arts,
    by securing for limited Times to Authors and Inventors
    the exclusive Right to their respective Writings and
    Discoveries;

So in the U.S., copyright laws exist to promote progress,
and they do this by giving authors exclusive right to their
works. Exclusive rights mean nothing if authors cannot
enforce the terms upon which they choose to license those
rights to others. Absent that enforcement, authors will be
discouraged from participating in the creation of works of
science and useful arts, retarding progress.