New Kiss Catalog opinion from CD California

In December, the Central District of California issued a new ruling on the Kiss Catalog case, which now holds that the anti-bootlegging statute does not run afoul of the Constitution's IP Clause's fixation and "limited Times" restrictions. (For reference, here's the old opinion from December 2004 which is now vacated.)

So, for those following the circuit splits on this, the 11th Circuit in US v. Mogahdam (175 F.3d 1269)found the statute constitutional, the District Court for the Southern District of NY in US v. Martignon (346 F. Supp. 2d 413) found the statute unconstitutional, but this case is pending on appeal to the 2nd Circuit. And now the District Court in California has found both ways, and I would imagine we'll see an appeal to the 9th Circuit soon.

Others writing about this are Cathy Kirkham, the Music Blog, Boalt's IP Blog, and, of course, Patry's blog entries on the constitutionality of the statute he helped to draft.