Monday, March 20, 2006
Judges Are No Different Than You Or Me.
I'm attending a lecture right now on digital piracy. The speaker put up on the screen a quote from Justice Breyer'’s concurring opinion in MGM v. Grokster.
“Judges have no specialized technical ability to answer questions about present or future technological feasibilility or commercial viability where technology professionals, engineers, and venture capitalists themselves may radically disagree and where answers may differ depending upon whether one focuses upon the time of product development or the time of distribution."
I'’d like to add that judges have no specialized technical ability to answer questions about morality or social policy where ordinary citizens may radically disagree and where answers may differ based upon a multitude of factors.