Quote Originally Posted by Mike Anderson
All that does is give Congress the jurisdiction to legislate it; that does NOT elevate intellectual property rights to the status of a "constitutional right" held by individuals as against private parties. That's a critical distinction.

For example, Congress could pass a law tomorrow completely rescinding the Copyright Act, or the DMCA. By contrast, it could NOT pass a law allowing for takings of property by a state actor in violation of the Fifth Amendment, because that would violate individuals' constitutional rights.
But it would have to be an amendment to the constitution recending the Fifth Amendment,
AND it would have to be ratified by a 38 state majority for it to become law. That being said, the sad fact is that lately the powers that be have walked all over the Constitution, some of them in our goverment even calling it "that damn piece of paper!" (it's actually on parchment)