Symposium: Aereo, disruptive technology, and statutory interpretation

Peter Menell and David Nimmer write for Scotus Blog, June 26, 2014

No one should be entirely satisfied with where the Supreme Court’s resolution of this case leaves the larger policy determination. The Copyright Act of 1976 is indeed creaky. While its drafters enunciated purposes and principles that have guided the evolution of copyright protection, we are nearly half a century beyond those drafting choices. Thus, while we commend the Supreme Court’s faithful execution of its Constitutional role, we nonetheless believe that the time is ripe to consider how best to reform the Copyright Act for the current technological age.