VIDEO SOFTWARE DEALERS ASSOCIATION v. SCHWARZENEGGER

No. 07-16620.

556 F.3d 950 (2009)

VIDEO SOFTWARE DEALERS ASSOCIATION; Entertainment Software Association, Plaintiffs-Appellees, v. Arnold SCHWARZENEGGER, in his official capacity as Governor State of California; Edmund G. Brown, Jr., in his official capacity as Attorney General, State of California, Defendants-Appellants, and George Kennedy, in his official capacity as Santa Clara County District Attorney; Richard Doyle, in his official capacity as City Attorney for the City of San Jose; Ann Miller Ravel, in her official capacity as County Counsel for the County of Santa Clara, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 20, 2009.


Attorney(s) appearing for the Case

Zachery P. Morazzini, Deputy Attorney General for the State of California, on behalf of Defendants-Appellants Arnold Schwarzenegger, in his official capacity as Governor of the State of California, and Edmund G. Brown, in his official capacity as Attorney General of the State of California.

Paul M. Smith, Jenner & Block LLP, on behalf of Plaintiffs-Appellees Video Software Dealers Association and Entertainment Software Association.

Before: ALEX KOZINSKI, Chief Judge, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN, Circuit Judges.


CALLAHAN, Circuit Judge:

Defendants-Appellants California Governor Schwarzenegger and California Attorney General Brown (the "State") appeal the district court's grant of summary judgment in favor of Plaintiffs-Appellees Video Software Dealers Association and Entertainment Software Association ("Plaintiffs"), and the denial of the State's cross-motion for summary judgment.1 Plaintiffs filed suit for declaratory relief seeking to

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