Get to know me and you’ll find out that I’m a rather outspoken
opponent of “tort reform.” It’s a stand that puts me in the minority
among conservatives, but that’s just the way it is. But my stand on
that issue does not mean that I somehow do not know frivilous lawsuits
when I see them.

One such lawsuit came to my attention this morning. Greg Aharonian is
suing the federal government in order to invalidate the use of
copyright law to protect the intellectual property of software makers.

Reuters quotes Mr. Aharonian as saying, “Until you’re sued and a judge
makes up his mind about what is the idea and expression (at stake), no
one knows.” Based upon this claim, Mr. Aharonian is claiming that the
use of copyright protection statutes violate the Constitutional
standard of due process because litigants cannot know the rules
concerning fair use beforehand.

It’s a novel argument, and in another context it might even be
persuasive. However, this lawsuit is on its way out of court.

[Continue reading Silly Copyright Lawsuit] [Mickey Chandler]