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Congressional Power
Congressional Power (Property · “Testimony at trial suggested that Betamax) — "V “The direction of Art. I is that Congress shall have the power to promote the…
Ideas in this flowchart
- Applying the copyright statute as currently written, the appellate judgment must be reversed.
- Article I gives Congress the power to promote the progress of science and the useful arts.
- When the Constitution is permissive, the scope of congressional action is determined by what Congress has enacted.
- Deepsouth Packing Co. v. Laitram Corp. illustrates this principle.
- The current Copyright Act contains no clear prohibition covering this technology.
- The Act does not make it unlawful to copy a television program for later viewing at home.
- The Act does not impose a flat prohibition on selling machines that enable such copying.
- Congress may later reconsider this technology, as it has reconsidered other innovations.
- Courts cannot apply laws that Congress has not yet written.
- The Court of Appeals judgment is reversed.
