[Mick]

Funny, my understanding is that judicial overreach occurs when a judge avoids the plain text of the statute and instead decrees for himself what he thinks the statute is "really about." having read this case closely, distribution does seem sufficiently different from preparation that the last word in the list doesn't seem like the others. I can see arguments in the other direction, but I don't see this as a particularly clear case of judicial overreach. But what do I know?

Reminds me of playing golf with guys who like to play fast and loose with the rules.  My dad was a stickler, and we were playing with two fellas who pretended they played by the rules, but really didn't.  I joked that they played by "a modified form of winter rules," and Dad says, (homonym joke to follow) "No, they play by summer rules.  Summer (some are) rules, and some aren't."

[Mick]

Funny, my understanding is that judicial overreach occurs when a judge avoids the plain text of the statute and instead decrees for himself what he thinks the statute is "really about." having read this case closely, distribution does seem sufficiently different from preparation that the last word in the list doesn't seem like the others. I can see arguments in the other direction, but I don't see this as a particularly clear case of judicial overreach. But what do I know?

Reminds me of playing golf with guys who like to play fast and loose with the rules.  My dad was a stickler, and we were playing with two fellas who pretended they played by the rules, but really didn't.  I joked that they played by "a modified form of winter rules," and Dad says, (homonym joke to follow) "No, they play by summer rules.  Summer (some are) rules, and some aren't."