Government Moves To Dismiss Amended Complaint

Today, April 30, 2003, Attorney General Ashcroft moved to dismiss Plaintiffs' First Amended Complaint.  
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In addition to arguments made previously in a motion to dismiss the original Complaint, the Government relies heavily on the Supreme Court decision in Eldred v. Ashcroft, arguing that the Supreme Court has confirmed that the Congress has extraordinary power to choose how to accomodate the objectives of the copyright clause.  Plaintiffs contend that Eldred does not foreclose their new argument that the CTEA term is effectively perpetual. Eldred also says nothing that would support Congress's decision, in the URAA, to restore copyrights on works that were already in the public domain.