Internet Archive Creator Defeated In Copyright Extension Case

by Glen Shapiro, LawAndTax-News.com, New York

26 November 2004

Founder of the Internet Archive project Brewster Kahle was last week defeated in the first stage of a court battle over Congress's recent extension of copyright protections, even when not requested by the author or creator of the work.

Mr Kahle argued that this lengthening of the copyright protection terms had significantly altered the US copyright regime, and called for a ruling stating that the move was illegal.

However, according to a CNET News report, federal Judge Maxine Chesney decided in favour of Congress on the matter, arguing that lawmakers do have the ability to take such steps without the interference of the courts.

Mr Kahle announced following the publication of the verdict this week that he intends to appeal.

"The key component of the district court ruling is that the judge did not consider the main aspect of this case, which is the changing of the contour of copyright law from opt-in to opt-out. That has dramatically changed what's under copyright, and even more ominously, changes the nature of what can be put on the internet," he told CNET News.

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