UNITED STATES of America, Appellant,
v.
Jean MARTIGNON, Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: July 12, 2005.
Decided: June 13, 2007.
Attorney(s) appearing for the Case
Samidh Guha, Assistant United States Attorney for the Southern District of New York (David N. Kelley, United States Attorney for the Southern District of New York, Peter G. Neiman, Assistant United States Attorney, on the brief), New York, NY, for Appellant.
David E. Patton, Federal Defenders of New York, Inc., Appeals Bureau (Yuanchung Lee on the brief), New York, NY.
Paul Bender, Michael R. Klipper, Christopher A. Mohr, Meyer, Klipper & Mohr, PLLC, Washington, DC, for Amici Curiae Association of American Publishers, American Business Media, CoStar Group, Inc; National Association of Realtors®, Reed Elsevier, Inc., and the Software & Information Industry Association, in support of Appellant.
Jennifer M. Urban, Director, Intellectual Property Clinic, University of Southern California, Gould School of Law (Lydia Wahlke and Anne DePree, Clinical Interns, on the brief), Los Angeles, CA, for Amici Curiae Internet Archive, American Association of Law Libraries, Association of Research Libraries and Special Libraries Association in support of Defendant-Appellee.
Deirdre K. Mulligan, Director, Samuelson Law, Technology & Public Policy Clinic, University of California School of Law (Boalt Hall) (Jack I. Lerner, Clinic Fellow, on the brief), Berkeley, CA, for Amici Curiae Twenty-Nine Intellectual Property and Constitutional Law Professors in support of Defendant-Appellee.
Robert W. Clarida, Cowan, Liebowitz & Latman, P.C., for Amici Curiae UMG Recordings, Inc., EMI Music North America d/b/a Capitol Records, Inc., Warner Music Inc., Univision Music LLC, d/b/a Univision Music Group, National Academy of Recording Arts & Sciences, American Federation of Musicians of the United States and Canada, American Federation of Television and Radio Artists, Recording Artists Coalition and National Music Publishers Association, Inc. in support of Appellant.
Before: POOLER and SACK, Circuit Judges, and GARAUFIS, District Judge.
United States Court of Appeals, Second Circuit.
POOLER, Circuit Judge:
This appeal presents a recurring issue in constitutional law: the extent to which Congress can use one of its powers to enact a statute that it could not enact under another of its arguably relevant powers. See, e.g., Ry. Labor Executives' Ass'n v. Gibbons,455 U.S. 457, 102 S.Ct. 1169, 71 L.Ed.2d 335 (1982); Heart of Atlanta Motel, Inc. v. United States,379 U.S. 241
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