While she would still be in the minority, both within the Court and in government generally, she could restore some balance to the quid pro quo that was originally embodied in the Copyright Clause. Today, the extensions to the time limit effectively render copyrights permanent, because they extend beyond the useful life of the work for 99.99999 percent of works.
Lessig and others have documented how the law is actually causing us to lose works, because they are restricted beyond the lifespan of their original media. Tens of thousands of sound recordings, films, and TV shows have already been lost because of this. DRM technologies are causing the same to happen with computer programs and digitized works.
I have no doubt that the citizenry will eventually understand how they have been sold down the river and begin to push for repeal or reform. Maybe Kagan will be the first one to listen and react to that call. Certainly Congress has blithely ignored it so far, addicted to the campaign contributions and "star power" of the entertainment business.
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