Brewster Kahle Internet Archive Richard Prelinger Prelinger Associates, Inc. v. Alberto R. Gonzales, Attorney General, in His Official Capacity as Attorney General of the United States

474 F.3d 665 Brewster Kahle; Internet Archive; Richard Prelinger; PRELINGER ASSOCIATES, INC., Plaintiffs-Appellants, v. Alberto R. GONZALES, Attorney General, in his official capacity as Attorney General of the United States, Defendant-Appellee. No. 04-17434. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 13, 2006. Filed January 22, 2007. Jennifer Stisa Granick, Lawrence Lessig, and Christopher Sprigman, Center for Internet and Society, Stanford, CA, for the plaintiffs-appellants. John S. Koppel, Department of Justice, Washington, D.C., for the defendant-appellee. Appeal from the United States District Court for the Northern District of California; Maxine M. Chesney, District Judge, Presiding. D.C. No. CV-04-01127-MMC. Before SCHROEDER, Chief Circuit Judge, and RAWLINSON, Circuit Judges. FARRIS, Senior Circuit Judge. 1 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…