Kahle v. Gonzales

Kahle v. Gonzales by the United States Court of Appeals for the Ninth Circuit Syllabus

Opinion of the Court→

information about this edition.  related portals: United States Court of Appeals for the Ninth Circuit. sister projects: Wikipedia article. Kahle v. Gonzales (previously named Kahle v. Ashcroft) is a First Amendment case that challenged the change in the copyright system of the United States from an opt-in system to an opt-out system. The Ninth Circuit rejected an appeal for en banc rehearing of the case. An amended opinion substituted the original on May 14.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

___________________________________

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, Defendants-Appellees.

No. 04-17434 D.C. No. CV-04-01127-MMC ORDER AND AMENDED OPINION

______________________________________

Appeal from the United States District Court

for the District of California

Maxine M. Chesney, District Judge, Presiding

Argued and Submitted

November 13, 2006—San Francisco, California

Filed May 14, 2007

Before: Mary M. Schroeder, Chief Circuit Judge,

Jerome Farris and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Farris

______________________________________

---

COUNSEL Jennifer Stisa Granick, Lawrence Lessig, and Christopher Sprigman, Center for Internet and Society, Stanford, California, for the plaintiffs-appellants.

John S. Koppel, Department of Justice, Washington, D.C., for the defendant-appellee.

---

ORDER

The opinion filed on January 22, 2007, Slip op. at 889, is withdrawn and an amended opinion is filed simultaneously with this order.

Chief Judge Schroeder and Judge Rawlinson have voted to deny the petition for rehearing en banc. Judge Farris so recommends.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it. The petition for rehearing en banc is DENIED. No further petitions for rehearing or for rehearing en banc may be filed.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).