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PRELINGER ASSOCIATES, INC. v. GONZALES

No. 04-17434.

474 F.3d 665 (2007)

Brewster Kahle; Internet Archive; Richard Prelinger; PRELINGER ASSOCIATES, INC., Plaintiffs-Appellants, v. Alberto R. GONZALES, Attorney General, in his official capacity as Attorney General of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2007.

Attorney(s) appearing for the Case

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

John S. Koppel, Department of Justice, Washington, D.C., for the defendant-appellee.

Before SCHROEDER, Chief Circuit Judge, and RAWLINSON, Circuit Judges.

FARRIS, Senior Circuit Judge.

Plaintiffs appeal from the district court's dismissal of their complaint. They allege that 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 Eldred v. Ashcroft, 537 U.S. 186, 221, 123 S.Ct. 769, 154 L.Ed.2d 683 (2003). They also allege that the current copyright term violates the Copyright Clause...

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