Coverage of the Eldred orgal

Coverage of the Eldred orgal argument, from a WiFi-enabled PDA connecting to a warchalked access point near the Supreme Court. The Court’s rules prohibit note-taking by spectators, let alone realtime laptop WiFi connections, so the authors of this report had to type it up from memory as soon as they got outside.

(Lessig outside the Supreme Court after the orgal argument, taken by Declan McCullagh.)

By the way, the consensus of legal scholars I speak with is that Lessig will lose the case. And these are generally people who agree with his position as a policy matter. In fact, most of them are perplexed why the Supreme Court even decided to take it.

Though a defeat may hurt in the battle to preserve the information commons, it may end up helping in the long term. The Eldred case shined a light on how out of whack our current intellectual property policies are, and upholding the copyright extension on legal grounds may help to stoke the political fires.