Golan, et al v. Ashcroft, et al

Filing 194

ORDER re: 192 USCA Order/Opinion/Judgment. Summary judgment enter in favor of the Government and against the Plaintiffs with costs awarded the Government. By Judge Lewis T. Babcock on 08/16/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 01-cv-01854-LTB LAWRENCE GOLAN; ESTATE OF RICHARD KAPP; S.A. PUBLISHING CO., INC., d/b/A ESS.A.Y. RECORDINGS; SYMPHONY OF THE CANYONS; RON HALL, d/b/A FESTIVAL FILMS; and JOHN McDONOUGH, d/b/a TIMELESS VIDEO ALTERNATIVES INTERNATIONAL, Plaintiffs, v. ERIC H. HOLDER, JR., in his official capacity as Attorney General of the United States; and MARYBETH PETERS, in her official capacity as Register of Copyrights, Copyright Office of the United States, Defendants. ______________________________________________________________________ ORDER ______________________________________________________________________ Mandate from the Tenth Circuit Court of Appeals issued August 13, 2010. In its opinion issued June 21, 2010, the Tenth Circuit concluded: "In sum, Congress acted within its authority under the Copyright clause in enacting Section 514. See Id at 1187. Further Section 514 does not violate Plaintiffs' freedom of speech under the First Amendment because it advances an important governmental interest, and it is not substantially broader than necessary to advance that interest. Accordingly, we REVERSE the judgment of the District Court and REMAND with instructions to grant summary judgment in favor of the government." I understand the Circuit Court's reference to the "Government" to refer to Eric H. Holder, Jr., in his official capacity as Attorney General of the United States; Marybeth

Peters, in her official capacity as Register of Copyrights, Copyright Office of the United States. I, too, refer to these parties as the "Government." In accordance with the mandate upon remand, IT IS ORDERED that summary judgment enter in favor of the Government and against the Plaintiffs with costs awarded the Government. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: August 16, 2010

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