Kahle v. Gonzales

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Kahle v. Gonzales (previously named Kahle v. Ashcroft) is a First Amendment case that challenges the change in the copyright system of the United States from an opt-in system to an opt-out system.

Brewster Kahle, the founder of the Internet Archive, brought the suit against the government for changing the copyright regime. In the past, copyright was not the default. Creators needed to register to obtain the exclusive right to reproduce their work. A change in the legislation made it so that all works were automatically copyrighted. Now, creators must explicitly remove copyright if they do not desire it.

Working of the case law from Eldred v. Gonzales, which challenged the extension of copyright, Lawrence Lessig argued that a change in copyright law as drastic as the change from opt-in to opt-out required a review in regards to freedom of speech. The limitations placed on speech and expression by copyright were drastically expanded and possibly too limiting.

The 9th Circuit Court of Appeals heard the oral arguments on November 13, 2006. ^[1]