But perhaps most interestingly, [Defendant Liuxia Wong] is challenging the notion that Hard Drive can own the copyright to its own work — indeed, that porn can be copyrighted at all.
“Article 1, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress: ‘To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,” the lawsuit details, adding:
“Early Circuit law in California held that obscene works did not promote the progress of science and the useful arts, and thus cannot be protected by copyright.”
We hope this claim goes to the Supreme Court so they have to rule on this.
» But really, the thing to take from this is … Despite the legal troubles the Swedish site has faced lately, it’s still up. Can we just offer them a hand for somehow keeping this site up despite all of the trouble they’ve been facing? That’s kind of amazing.