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Of course, any answer to this is largely speculation. However, it is certainly possible to argue that copyright law should move towards a less restrictive regime in order to be more in line with the original purpose of granting copyrights and patents.
The Constitution gives a brief explanation of why copyrights and patents should be granted. It says that the point of these protections is “to promote the progress of science and useful arts.” What this implies is that copyrights are granted not for the benefit of the inventor or author of a work, but for the society as a whole. The point of copyrights is to encourage people to innovate because they will be able to reap the benefits of their work.
We can argue that stricter copyright laws actually work against this purpose. What they do is to encourage rent-seeking. They encourage copyright holders to try to milk more gain out of the inventions that they have already created rather than trying to innovate further. From this perspective, it would be more in keeping with the intent of the Framers to reduce copyright protections. This would allow more innovation to happen and more competition to occur. Both of these would be good for our economy. Therefore, we can argue that copyright law should be loosened so as to bring it more into line with the original intent of copyright protection.
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