Kiss Catalog, Ltd. v. Passport International Productions, Inc.
Opinion
Opinion
Fischer, J.
ORDER GRANTING MOTION TO RECONSIDER, VACATING FINDING OF UNCONSTITUTIONALITY, AND DENYING DEFENDANTS’ MOTION TO DISMISS ON GROUNDS OF UNCONSTITUTIONALITY
INTRODUCTION AND PROCEDURAL BACKGROUND
On December 21, 2004, the Honorable William J. Rea, to whom this case was originally assigned, granted Defendants’ motion to dismiss the Seventh Claim for Relief for violation of 17 U.S.C. § 1101 , the anti-bootlegging statute, finding that § 1101(a)(3) violated the “for limited Times” requirement of the Copyright Clause and was therefore unconstitutional. KISS Catalog v. Passport Int’l Prods., 350 F.Supp.2d 823, 837 (C.D.Cal.2004) (“Order”).
The United States learned of this finding only after the Order was entered, and sought leave to intervene in the action. On June 7, 2005, Judge Rea granted that request. On August 5, 2005, due to Judge Rea’s death, the action was transferred to this Court for all further proceedings. This matter is now before the Court on the motion of the United States to reconsider the finding that § 1101(a)(3) (“Statute”) is unconstitutional. Plaintiffs have joined in the motion; Defendants have opposed it.