Luck's Music case update

Luck's Music et al v. Ashcroft raises a copyright clause claim against the URAA similar to that brought by the Golan v. Gonzalez case which I've been working on for the past year here at CIS.  Unlike Golan, which is headed for trial in June of this year (unless the court grants one of the pending summary judgment motions), Luck's was dismissed on a 12(b)(6) motion by Judge Urbina of the District Court in DC.  Luck's appealed that ruling, and Dan Bromberg, lead counsel for the plaintiffs, recently argued the appeal before the DC Circuit.  (Transcript here.)  (Briefs here, here, and here.)  Given that the district courts in DC and Colorado have already disagreed on some of the legal issues raised in Luck's and Golan, it will be very interesting to see how these cases proceed in the next few months.  A ruling from the DC Circuit may not be out for several months, but by that time, the Golan case may be through trial before Chief Judge Babcock in Colorado.