Ninth Circuit Slaps Down Kahle [4:54 pm]
Orphan works are just locked up, like everything else - or we can just say “Eldred Forever!” U.S. court upholds copyright law on “orphan works” - pdf
The U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision to dismiss Kahle v. Gonzales, which argued that legal changes made in the 1990s had vastly extended copyright protections at the expense of free speech rights.
Orphaned works are a hot-button issue for the publishing industry, which has resisted efforts by Web companies Google Inc., Yahoo Inc. (Nasdaq:YHOO - news) and the Internet Archive — working with major academic libraries — to scan orphaned and out-of-copyright works to make them available for free on the Web.
[...] “They (the plaintiffs) make essentially the same argument, in different form, that the Supreme Court rejected in Eldred. It fails here as well,” the eight-page opinion written by Ninth Circuit Judge Jerome Farris stated.
The opinion: Kahle v. Gonzales
Although the Supreme Court recently addressed similar issues in Eldred, Plaintiffs argue that their specific claims were not answered â€” or if they were, only in dicta. They place particular emphasis on the increased possibilities for archiving and disseminating expressive content over the Internet and the detrimental impact the change from an opt-in to an opt-out system has on those efforts. Plaintiffs articulate policy reasons behind their position; they do not, however, provide a legal argument explaining why we should ignore the clear holding of Eldred.
[...] Both of Plaintiffsâ€™ main claims attempt to tangentially relitigate Eldred. However, they provide no compelling reason why we should depart from a recent Supreme Court decision.