here.
Though the Court acknowledged that there had been a change from an opt-in to an opt-out system of copyright, the court held that because Eldred had resolved a “similar” claim, it would not “ignore the clear holding of Eldred” (about, apparently, not the same claim, but a “similar” claim.)
I don’t quite get this negative horse-shoe principle of judicial decision making (you’re close enough to a losing case to lose). For the claim in Eldred is neither “similar” in form, and is certainly not “similar” in substance."