The most thorough and hilarious fisking you'll read this year
All the more enjoyable given that the subject is Eldred vs. Ashcroft, an egregious and quite spectacular travesty of lawmaking that is near and dear to the hearts of many in the blogosphere.
First - go read James Grimmelmann's comprehensive, methodical, and utterly delicious deconstruction over at LawMeme:
''How Artists and Creators Finally Got Their Due'' Gets Its Due
An excerpt:
"There's a lot of silliness going around in technology law these days. So much, in fact, that responding individually to every logical fallacy or faulty analogy would be a recipe for an early ulcer. But every so often, something comes in over the transom that's so profoundly wrongheaded that it can't be left alone. Today, while poring through the last few months of articles in tech law journals, I came across a case comment in need of a thorough deconstruction.
"Our text today is Shalisha Francis, iBRIEF: Eldred v. Ashcroft: How Artists and Creators Finally Got Their Due, 2003 Duke L. & Tech. Rev. 0014, a chipper little student note advancing the thesis that Eldred v. Ashcroft was rightly decided. Now, this is not, by itself, an absurd statement. The seven justices who decided Eldred certainly think it was rightly decided. Rather, what distinguishes this piece is its dedication to the proposition that the public domain is openly dangerous. Since the purpose of articles is to spur discussion on the issues they raise, let the discussion commence..."
Read it.
Go ahead...I'll wait here for you.
You're back? Good. Then pray join me in a rousing chorus of the only rational response a sane person can possibly offer:
Mwah ha ha hah hoo ha ha haaa hah ha ha bu wu wooooo wah ha heee hee hee heeheeheeheehee wooo huh buhuh wah ha hah ha ha ha ha hoo... gasp...oh god...I'm sorry, I ha ha HA HA HA HA HAAA HAAAH AA HO HO HEE HEEEEEEEEE HUH HA HA HO HE AHA AHO UHUH heh eh heee heeheeheeheehee SNORT fu...ya bu.. yu bas... fu...uh ah...pffftt...
oooof. phweef. I'm so sorry, I just can't HA HA HAA HAAA HAR HAARRRR HU HO HOOO heheehehheeheheheeheheee...
*pant* *gasp* Oh fuck...
Look - I'll try and post some more later or someth...FAH HAHA HAHAHAHAHAHAH HOOOO HEEH HEE HEE HEE ARRRRGH huh uh hu.........HAAAAAAAAAAAAAAARRRRRRRRRRR O HOH HO HO HU HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA heeeeeeeee...
It hurts because it's so damn funny. And it's only funny because it hurts.
[with thanks to Blake Winton for the link]
First - go read James Grimmelmann's comprehensive, methodical, and utterly delicious deconstruction over at LawMeme:
''How Artists and Creators Finally Got Their Due'' Gets Its Due
An excerpt:
"There's a lot of silliness going around in technology law these days. So much, in fact, that responding individually to every logical fallacy or faulty analogy would be a recipe for an early ulcer. But every so often, something comes in over the transom that's so profoundly wrongheaded that it can't be left alone. Today, while poring through the last few months of articles in tech law journals, I came across a case comment in need of a thorough deconstruction.
"Our text today is Shalisha Francis, iBRIEF: Eldred v. Ashcroft: How Artists and Creators Finally Got Their Due, 2003 Duke L. & Tech. Rev. 0014, a chipper little student note advancing the thesis that Eldred v. Ashcroft was rightly decided. Now, this is not, by itself, an absurd statement. The seven justices who decided Eldred certainly think it was rightly decided. Rather, what distinguishes this piece is its dedication to the proposition that the public domain is openly dangerous. Since the purpose of articles is to spur discussion on the issues they raise, let the discussion commence..."
Read it.
Go ahead...I'll wait here for you.
You're back? Good. Then pray join me in a rousing chorus of the only rational response a sane person can possibly offer:
Mwah ha ha hah hoo ha ha haaa hah ha ha bu wu wooooo wah ha heee hee hee heeheeheeheehee wooo huh buhuh wah ha hah ha ha ha ha hoo... gasp...oh god...I'm sorry, I ha ha HA HA HA HA HAAA HAAAH AA HO HO HEE HEEEEEEEEE HUH HA HA HO HE AHA AHO UHUH heh eh heee heeheeheeheehee SNORT fu...ya bu.. yu bas... fu...uh ah...pffftt...
oooof. phweef. I'm so sorry, I just can't HA HA HAA HAAA HAR HAARRRR HU HO HOOO heheehehheeheheheeheheee...
*pant* *gasp* Oh fuck...
Look - I'll try and post some more later or someth...FAH HAHA HAHAHAHAHAHAH HOOOO HEEH HEE HEE HEE ARRRRGH huh uh hu.........HAAAAAAAAAAAAAAARRRRRRRRRRR O HOH HO HO HU HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA heeeeeeeee...
It hurts because it's so damn funny. And it's only funny because it hurts.
[with thanks to Blake Winton for the link]
