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A magazine like this one, which publishes on only a quarterly basis, has to be very selective when it comes to deciding what specific issues from the wide open field of intellectual property law will be covered. Some topics, however, simply demand coverage either because they are of considerable interest to just about everyone in the IP field or because they lend themselves to analysis or commentary by incredibly engaging experts and writers. The package of cover stories in this issue reflects both of those conditions. When the U.S. Supreme Court earlier this year handed down its highly anticipated ruling in Eldred v. Ashcroft , the legal, political and philosophical debates over the issue of copyright terms in the United States hardly came to an end. If anything, the resolution of the Eldred case may have served as a point of departure for those in American society who believe that the pendulum has swung too far in favor of intellectual property owners. For their part, those who are reveling in the Supreme Court’s 7-2 endorsement of Congress’s right to extend U.S. copyright terms by two decades remain confronted by advances in technology — particularly in the digital sphere — that continue to challenge the resiliency and relevance of traditional copyright protections. All of which adds to the timeliness of our post-mortem coverage of the Eldred ruling. Whether or not you agree with Lawrence Lessig’s provocative and intensely personal observations about the decision and his role in it (“The Lessig Blogs”), it is hard to deny that the Stanford law professor has succeeded in fueling a national — perhaps even an international — debate about the proper role of copyrights and public domain in the digital era. In their counterpoint to Professor Lessig’s ruminations, the authors of one of the amicus briefs in Eldred — O’Melveny & Myers’ Robert Schwartz and Matthew Shors — eloquently cast the ruling as nothing less than a constitutional validation of Congress’ authority to recognize and reward the contributions made by America’s creators of intellectual property. In the interest of full disclosure, meanwhile, this magazine found itself a beneficiary of one of our contributors’ views about intellectual property. After contacting Lessig to ask him about reprinting a version of his Eldred-related blog entries, which he publishes on his own Web site, he steered us to a user-friendly licensing agreement fashioned under the auspices of Creative Commons, a group he helped to found that advocates liberalized copyright protections and an expansive public domain. After reading through this issue, you may or may not share our appreciation for Lessig’s IP-related largesse. Everything else you read in this issue, by the way, is covered under traditional copyrights held by the publisher of this magazine. Our in-house IP lawyers probably wanted you to know that. Steven Pressman Editor, IP Magazine [email protected]

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