CN: I’m not optimistic about changes i…
CN: I’m not optimistic about changes in congress. Copyright industry fought battle in 76. No congressman has been willing to take on the industry since, they’re just very powerful. on THe other hand, some of the ways in which the law can be trimmed if one were in a judicial mode to do it , if judges could see there was an important way to develop limits. In strategic terms, the direction hat i think would have an actual chance is not to lead on copyright at all, but to lead on the revitalizaition of the American jury. I think that our president got a line up of troubles in which the issues hes trying to solve require huge amounts of money and research to solve them and he is running into problems. He was at his strongest in the campaign when he was revitalizing the idea of being an American citizen. If there’s on that seems totally right for reform, it is to revitalize the American jury.
Question: Clarify what you mean by “revitalizing the American jury”
CN: Definitely the more radical argument. I don’t consider it to be radical. Historically, its completely clear that the jury was ultimate judge of wisdom with its prosecution. As commercial bar developed serving manufactured interest, found juries were not as predictable. By 1850 a move in MA judge Shaw and suddenly the law becomes something that allows judges to contain the jury. Increasing desecration until the point the jury is just fact-finding. Going back to the basics is where I would take it.