You already supplied the context, so I thought I'd put the quote in there with it.
It's hard for me to say that common law was not invented by the courts, given that it derives from a lot of old court decisions: http://en.wikipedia.org/wiki/Common_law
Though it's fair to point out that congress did enact laws to codify the parts of it we wanted. That said, one of the few surviving bits is copyright-related (the "hot news" doctrine):
It's hard for me to say that common law was not invented by the courts, given that it derives from a lot of old court decisions: http://en.wikipedia.org/wiki/Common_law
Though it's fair to point out that congress did enact laws to codify the parts of it we wanted. That said, one of the few surviving bits is copyright-related (the "hot news" doctrine):
http://en.wikipedia.org/wiki/Common_law#United_States_federa...
In fact, I dare say that copyright law is one place the courts like to make up new stuff. See, e.g., Capitol Records, Inc. v Naxos of America Inc.
http://www.groklaw.net/articlebasic.php?story=20050412225604...