Kahle

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’s “limited Times” prescription.

Arguments similar to Plaintiffs’ were presented to the Supreme Court in Eldred , which affirmed the constitutionality of the Copyright Term Extension Act against those attacks. The Supreme Court has already effectively addressed and denied Plaintiffs’ arguments. We AFFIRM.

In March 2004, Plaintiffs Brewster Kahle, Internet Archive, Richard Prelinger, and Prelinger Associates, Inc. filed an amended complaint seeking declaratory judgment and injunctive relief. Brewster Kahle and Internet Archive have built an “Internet library” that offers free access to digitized audio, books, films, websites, and software. Richard Prelinger and Prelinger Associates make digital versions of “ephemeral” films available for free on the internet. Each Plaintiff…