9th Circuit rejects constitutional challenge to copyright laws in Kahle v. Gonzales

Public Knowledge by Christopher Sprigman | Jan. 23, 2007 (Opinion)

Some sad news to report: the 9th Circuit has rejected constitutional challenges to the copyright laws in Kahle v. Gonzales. The opinion is here. Sad, yes, but also positively maddening, for reasons I will explain shortly.

First, a bit of background: Plaintiffs in this case -- the Internet Archive and its Chairman, Brewster Kahle, and the Prelinger Film Archive and its President, Richard Prelinger -- filed suit seeking a declaratory judgment that ... Full Story »

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by Kyle Klipowicz - Oct. 1, 2008

The article does well to explain how free speech is encumbered by Congress' decision to reverse the burden of copyright so that it is more difficult for works to enter the public domain. I found it extremely informative regarding the legal situation, especially by citing certain Supreme Court precedences that might hold the key to a pro-public domain stance.