Speaking of Judge Posner (revised for silliness)

He’s blogging over at Lessig’s.  UPDATE and edited: Whoops, thought he had already started, but Tim Wu posted, “Who Cares About Innovation?” (thanks Peter).  Silly me.  This post was originally written with Judge Posner in mind….


Let’s add a few more questions to [corrected:] Wu’s list.  It’s not just how to balance innovation v. other social values substantially, but who gets to do it and how is it done procedurally.  Given that innovation does not trump all, when an innovation runs up against social values, what method will we use to balance the values at stake?  More narrowly, what should be the role of the courts in this balancing?


Certainly in the indirect copyright liability context, my thinking would differ quite starkly from Judge Posner’s.

One Response to “Speaking of Judge Posner (revised for silliness)”

  1. Peter Hirtle
    August 22nd, 2004 | 6:21 pm

    It looks to me like it is Tim Wu who wondered about innovation, not Judge Posner. He doesn’t start till tomorrow.