June 23, 2004

Motion for Summary Judgment in Golan v Ashcroft [3:13 pm]

Government Moves For Summary Judgment [via Copyfight] The motion

On March 15, 2004, the Court granted in part and denied in part the government s motion to dismiss this lawsuit. See Golan v. Ashcroft, 310 F. Supp. 2d 1215 (D. Colo. 2004). The Court dismissed Plaintiffs’ challenge to the constitutionality of the Copyright Term Extension Act (CTEA). However, while explaining that Plaintiffs “may ultimately be unsuccessful,” the Court found that “Plaintiffs ha[d] adequately stated a legally cognizable claim” as to their challenge to the constitutionality of §514 of the Uruguay Round Agreements Act (URAA). Id. at 1221.

Since the Court issued its order, the United States District Court for the District of Columbia issued a decision holding that the URAA is constitutional and dismissing a challenge similar to this one. See Luck’s Music Library, Inc. v. Ashcroft, Civ. No. 01-2220 (D.D.C. June 10, 2004) [Slip opinion attached at Tab 1]. In the Luck’s Music Library decision, the Court addressed and rejected almost all of the arguments raised by Plaintiffs here.

The government now moves for summary judgment.

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