Stanford Center for Internet and Society

CIS has petitioned for review of the Ninth Circuit's decision in Kahle v. Gonzalez, asking the Supreme Court to clarify the scope of the “traditional contours of copyright protection” referred to in Eldred, and to decide whether the change from an “opt-in” to an “opt-out” system of copyright a change in a traditional contour of copyright protection.

The petition for certiorari was submitted before the decision in Golan v. Gonzales. Our supplemental brief highlights the clear split in authority created by Golan. The government has opposed our petition for certiorari, arguing that while the Kahle and Golan decisions "are in tension, there is no actual conflict."