Open Access News

News from the open access movement


Friday, December 03, 2004

More on Kahle v. Ashcroft

Katie Dean, Fight for Public Domain Goes On, Wired News, December 2, 2004. Excerpt: 'Digital archivists aren't giving up on their efforts to free out-of-print books, movies and music from overreaching copyright laws, despite a recent setback in court. District Judge Maxine Chesney dismissed the case filed by Brewster Kahle, founder of the Internet Archive, and Rick Prelinger, founder of the Prelinger Archives, in late November. The archivists allege that the government's sweeping changes in copyright laws are unconstitutional because they lock up creative works that should be returned to the public domain. The government filed a motion to dismiss, and the motion was granted Nov. 19. Kahle -- who wants to include out-of-print books and films in his nonprofit archive for educational and research purposes -- and Prelinger will appeal the case to the 9th U.S. Circuit Court of Appeals in the next several weeks, said Chris Sprigman, a fellow at the Stanford Law School Center for Internet and Society. Sprigman, one of the lawyers representing the plaintiffs, said First Amendment matters are normally dealt with at the appeals court level of the judicial system anyway.' (PS: The District Court decision is now online.)