Does the Google Book Search Deal Violate the Constitution?

It's interesting to me that courts, lawmakers, and the rest of the world have been so impacted by the lawlessness of the Internet. Sure, you're average Joe thinks he can do whatever he wants online, because it's a free-for-all. Lawyers have been noted many times as acting the same way. But the Register of Copyrights suggests that the Courts are taking constitutional authority granted exclusively to the Congress and exercising it unlawfully. Case in point - the Google book deal.

What I find most interesting about this article is the fact that people (including courts) seem to have a fear of the uncertainty of our intellectual property future, particularly when it comes to Google. "If we give Google some unlawful legroom, maybe they'll pave the way for us to know what we're doing." Yes, Google may be very forward-thinking, but they're not the only ones. Regardless, courts have an obligation to apply the law as-is. Congress has the obligation to create new law. If the courts find that existing law just doesn't work, it's not their job to create new law.

As in many cases, I agree with Ms. Peters.