Our Founding Fathers recognized the enormous benefits of such a system, which is why they placed the patent and copyright clause in the Constitution.

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The defense is hoping that "the Second Circuit or the Supreme Court will see that this restriction on fair use of media doesn't fit with the copyright clause in the Constitution, " she said.

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Omega points to another clause in the copyright law that seems to say exactly that, however.

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In the UK, a form of protection and royalties are guaranteed in perpetuity by an exceptional clause in 1988 copyright legislation, but in much of the world copyright has now expired.

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The Court found that, like Aereo, it appears that many cloud-based businesses that allow users to store their own content in the cloud "have relied on Cablevision as an authoritative interpretation of the Transmit Clause" of the Copyright Act.

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