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Has The Cyberlaw Clinic Struck Out?
The cyber-crusaders behind the attempt to roll back the 1998 Copyright Term Extension Act (see, Eldred v. Ashcroft, 537 U.S. 186 (2003)) are at it again.
This time, Stanford professor Lawrence Lessig and his Cyberlaw Clinic asked a Northern California district court to strike the Copyright Renewal Act of 1992, which automatically renewed so-called orphan works, copyrights in works created from 1964-1977. Not one to shy away from controversy, the Clinic also asked the district court to reconsider the Supreme Court's Eldred decision in light of the “fundamental” changes Congress made to the U.S. copyright system over the last 30 years.
Although the Clinic made some interesting policy arguments, it once again failed to articulate a sound legal basis to back up its claims. Accordingly, the district court dismissed the Clinic's entire action under Fed. R. Civ. P. 12(b)(6). Recently, the Clinic appealed the dismissal, but based on the dearth of logic and law in support of the Clinic's position, it is hard to imagine how the 9th Circuit could justify striking the 1992 act.
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