Kahle et al v. Ashcroft Featured Case

Plaintiffs sought declaratory judgment that the Berne Convention Implementation Act is unconstitutional under the Free Speech Clause of the First Amendment and that the BCIA and Copyright Term Extension Act together create an \"effectively perpetual\" term with respect to works first published after January 1, 1964 and before January 1, 1978, in violation of the Constitution\'s Progress Clause. Plaintiffs also seek preliminary and permanent injunctive relief against the criminal enforcement of ยง 2(b) of the No Electronic Theft Act of 1977. District Court granted government\'s motion for summary judgment; plaintiffs appealed to 9th Circuit, which ruled for the government. Supreme Court denied plaintiffs\' petition for certiorari.

Plaintiff: Brewster Kahle, Internet Archive, Richard Prelinger and Prelinger Associates, Inc.
Defendant: John Ashcroft
Case Number: 3:2004cv01127
Filed: March 22, 2004
Court: California Northern District Court
Office: San Francisco Office
County: San Francisco
Presiding Judge: Maxine M. Chesney
Nature of Suit: Copyright
Cause of Action: 17:101 Copyright Infringement
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
November 30, 2004 37
JUDGMENT in favor of Defendant against Plaintiff, Ashcroft's motion to dismiss is GRANTED, and the complaint is DISMISSED, in its entirety, with prejudice. (tl, COURT STAFF) (Filed on 11/30/2004)
November 19, 2004 36 Opinion or Order of the Court
ORDER by Judge Maxine M. Chesney granting 24 Motion to Dismiss. (mmclc2, COURT STAFF) (Filed on 11/19/2004)
October 27, 2004 35 Opinion or Order of the Court
STIPULATION AND ORDER continuing hearing on defendant's motion to dismiss to December 10, 2004 at 9:00 a.m.; continuing case management conference to February 11, 2005 at 10:30 a.m. Signed by Judge Maxine M. Chesney on 10/27/2004. (mmclc2, COURT STAFF) (Filed on 10/27/2004)
October 22, 2004 33 Opinion or Order of the Court
ORDER GRANTING IN PART AND CONDITIONALLY GRANTING IN PART 30 PLAINTIFFS' MOTION TO ALLOW USE OF POWERPOINT SLIDES; CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS signed by Judge Maxine M. Chesney on October 22, 2004. (mmcsec, COURT STAFF) (Filed on 10/22/2004)
October 8, 2004 29
Reply Memorandum re 24 MOTION to Dismiss Notice of Motion and Motion to Dismiss filed by John Ashcroft. (Zacharia, John) (Filed on 10/8/2004)
September 7, 2004 28
Memorandum in Opposition to 24 Government's Motion to Dismiss filed by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc.. (Sprigman, Christopher) (Filed on 9/7/2004) Modified on 9/8/2004 (aaa, Court Staff).
July 8, 2004 27 Opinion or Order of the Court
STIPULATION AND ORDER establishing briefing schedule and hearing date for defendant's motion to dismiss. Opposition is due 9/7/2004 and shall be limited to 40 pages. Reply is due 10/8/2004 and shall be limited to 30 pages. The hearing is continued from August 6, 2004 to October 29, 2004. Signed by Judge Maxine M. Chesney on 7/7/2004. (mmclc2, ) (Filed on 7/8/2004)
July 6, 2004 26
Proposed Order Establishing Briefing Schedule and Hearing Date for 24 Defendant's Motion to Dismiss by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc.. (Sprigman, Christopher) (Filed on 7/6/2004) Modified on 7/7/2004 (aaa, Court Staff).
May 11, 2004 23
CERTIFICATE OF SERVICE by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. re: Order Granting Admission of Sprigman Pro Hac Vice (Granick, Jennifer) (Filed on 5/11/2004)
May 7, 2004 21 Opinion or Order of the Court
ORDER by Judge Maxine M. Chesney granting 19 Motion for Pro Hac Vice of attorney Christopher Sprigman (tl, COURT STAFF) (Filed on 5/7/2004)
May 6, 2004 17
NOTICE by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. Disclosure of Non-Party Interested Entities or Persons (Granick, Jennifer) (Filed on 5/6/2004)
April 27, 2004 16 Opinion or Order of the Court
ORDER granting extension of time for defendant to respond to complaint to June 23, 2004. Signed by Judge Maxine M. Chesney on 4/27/04. (mmclc2, ) (Filed on 4/27/2004)
April 16, 2004 13
CERTIFICATE OF SERVICE by Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. Proof of Service of CMC Orders and Standing Orders (Granick, Jennifer) (Filed on 4/16/2004)
April 15, 2004 12 Opinion or Order of the Court
CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 7/23/2004. Case Management Conference set for 7/30/2004 10:30 AM.. Signed by Judge Maxine M. Chesney on 10/9/2002. (tl, COURT STAFF) (Filed on 4/15/2004)
April 13, 2004 11 Opinion or Order of the Court
ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Judge Bernard Zimmerman no longer assigned to case. Signed by EXECUTIVE COMMITTEE on 4/13/04. (ha, COURT STAFF) (Filed on 4/13/2004)
April 12, 2004 10
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ls, COURT STAFF) (Filed on 4/12/2004)
April 9, 2004 9
CERTIFICATE OF SERVICE by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. re 4 Amended Complaint For Declatory Judgment. (tn, COURT STAFF) (Filed on 4/9/2004) Additional attachment(s) added on 4/20/2004 (tn, COURT STAFF).
April 7, 2004 6
Declination to Proceed Before a U.S. Magistrate Judge by John Ashcroft. (Zacharia, John) (Filed on 4/7/2004)
March 30, 2004 4
AMENDED COMPLAINT For Declaratory Judgment against John Ashcroft. Filed by Brewster Kahle. (Granick, Jennifer) (Filed on 3/30/2004)
March 22, 2004 3
REPORT on the filing or determination of an action regarding Copyright Infringement. (cc: form mailed to register). (tn, COURT STAFF) (Filed on 3/22/2004)

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Plaintiff: Brewster Kahle
Represented By: Christopher Jon Sprigman
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Plaintiff: Internet Archive
Represented By: Lawrence Lessig
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Plaintiff: Richard Prelinger
Represented By: Christopher Jon Sprigman
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Plaintiff: Prelinger Associates, Inc.
Represented By: Christopher Jon Sprigman
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Defendant: John Ashcroft
Represented By: John H. Zacharia
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