On August 4, 2003, CIS filed a brief opposing the RIAA/DOJ Motion to Strike, pointing out that here, the Court needs to consider extra-record material in order to fulfill its constitutional mandate to reviewing the government's application of federal statutes for constitutionality. Some of the sources complained of are Congressional records or the Copyright Office's own web site! Moreover, many of the sources complained of are only provided for background or rhetorical purposes, not as evidence. The Court does not have to blind itself or, ostrich-like, refuse to even look at, public infomation available to the rest of the world. Here is the
Opposition.
The Movants will have the chance to file a reply brief now.
Webcasters Respond to Motion to Strike
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