United States Ninth Circuit

Dismissal of a complaint brought by the builders of an "Internet library" is affirmed where Eldred v. Ashcroft, 537 U.S. 186 (2003), foreclosed their claims that: 1) the change from an "opt-in" to an "opt-out" copyright system altered a traditional contour of copyright and therefore requires First Amendment review under Supreme Court precedent; and 2) the current copyright term violates the Copyright Clause's "limited Times" prescription. (Amended opinion)

Appellate Information

• Argued 11/13/2006
• Decided 05/14/2007
• Published 05/14/2007

Judges

• Before:  MARY M. SCHROEDER, Chief Circuit Judge, JEROME FARRIS and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jennifer Stisa Granick, Lawrence Lessig, and Christopher Sprigman, Center for Internet and Society, Stanford, CA, for the plaintiffs-appellants.


• For Appellees:
  
• John S. Koppel, Department of Justice, Washington, DC, for the defendant-appellee.