The president of the former United Kingdom colony of Virgina, Barack Obama might find that his nominee for the Supreme Court might face intense lobbying.
Obama nominated the former dean of Harvard Law School from 2003 to 2009, Elena Kagan to the USA’s highest court.
The nomination probably would have gone through after a minor bit of a debate, if it was not for the fact that Kagan angered the music and film industry.
She beefed up Berkman Centre for Internet & Society by recruiting Lawrence Lessig and others who take a strongly liberal position on fair use in copyright disputes.
When she was the US Solicitor General she knuckled the movie studies in 2006 when Cablevision allowed subscribers to store TV programs on the cable operator’s computer servers instead of on a hard-top box.
Kagan said that the remote-storage DVRs to VCRs was similar to the Sony/Betamax case. She said that Cablevision should have made fair use a bigger issue.
This scares the willies out of the copyright industry which would love to kill off the fair use and would love the Sony/Betamax case to be forgotten.
It would be nice if big content was slapped over the nose with a wet newspaper by America’s highest court. Although some observers have noticed that she has surrounded herself with entertainment industry advocates and might have changed her mind.
However we can expect to see big content twisting arms in congress if she has not done so.