9th Circuit Rejects Kahle Claim

Last week the 9th Circuit Court of Appeals issued its decision in Kahle v Gonzales, rejecting the plaintiffs’ argument that Congress’s transformation of copyright protection from an “opt-in” system to an “opt-out” system requires First Amendment strict scrutiny analysis. The plaintiffs supported their challenge with a theory implied from the Supreme Court’s decision in Eldred v Ashcroft, the 2003 decision rejecting Constitutional challenges to the Sonny Bono Copyright Term Extension Act of 1998. The 9th Circuit ruled that the Supreme Court’s Eldred decision “effectively addressed and denied Plaintiffs’ arguments” and affirmed the district court’s dismissal of their complaint. Christopher Sprigman and Larry Lessig–plaintiffs’ counsel, along with Jennifer Granick–posted comments on the 9th Circuit’s decision here and here.

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