Creators needed to renew copyrights after their terms expired to retain the exclusive right to reproduce their work.

Working from the case law of Eldred v. Ashcroft, which unsuccessfully 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 regard to freedom of speech.

An eight-page opinion written by Ninth Circuit Judge Jerome Farris stated: "They (the plaintiffs) make essentially the same argument, in different form, that the Supreme Court rejected in Eldred.

The Ninth Circuit rejected an appeal for en banc rehearing of the case.

[1] The Supreme Court denied the Plaintiff's petition for writ of certiorari on January 7, 2008.