Kahle v. Gonzales

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

Contents

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[edit]

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 at 889, is withdrawn and an amended opinion is filed simultaneously with this order.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).