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Porn Might Not Be Able To Be Copyrighted

By / 02.13.12

We’ve mentioned before about how porn producers are engaged in legally sanctioned extortion and freak out whenever they have to argue a case in court. Well, an interesting case recently came up: one of the thousands of anonymous suckers porn producers are trying to extort is arguing that porn can’t be copyrighted at all.

The argument comes down to how the Constitution defines copyright, namely:

“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.”

Porno wouldn’t seem, on first pass, to fit those requirements. On the flipside, later decisions did essentially put what was “obscene” into the hands of the public. Their filthy, sticky hands.

We don’t see this legal argument getting much traction, although it might be enough to scare away this particular blackmailer. But it is a great excuse to search Flickr for tasteful nudes, and then be told by our editor to find something else, the buzzkill.

(Image via cowfish on Flickr)


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