March 23, 2004 | By Donna Wentworth

Same Copyfight, Different Challenge

EFF board member Larry Lessig, anticipating press reaction to Kahle v. Ashcroft (see previous DL post):

"Pundit watch: you'll be able to identify a pundit who has not read either Eldred or the complaint when they suggest the case is the same as Eldred was. It is not. Indeed, the claims are fundamentally different. The only relation between the two is that Kahle/Prelinger v. Ashcroft follows the rules suggested in Eldred for challenging Congress's transformation of the traditional contours of copyright law. Eldred said: tradition matters. This case says: the tradition was radically changed."


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