Felten lawsuit
The plaintiffs (wow, the plaintiffs are the good guys for once!) filed their first amended complaint. It was interesting to do a diff of a text dump of the original against a text dump of this amended complaint. Among other things, the new complaint adds some more background about the research of the various individual plaintiffs, corrects typos (I'm afraid it creates some new ones...) and adds new causes of action and prayers for relief, including the explicit facial challenge to the DMCA as a whole:
WHEREFORE, Plaintiffs request the following relief:[...]
F. A declaration that the DMCA is unconstitutional on its face because it violates the First Amendment to the United States Constitution.
G. A declaration that the application of the DMCA to the publication or presentation of scientific, academic or technical speech, including the publication of computer programs, violates the First Amendment to the United States Constitution.
These folks mean business. :-)
Oh, there's a new enumerated powers argument, too:
I. A declaration that the DMCA is unconstitutional because it is not a valid exercise of any of Congress' enumerated powers.
There are also corresponding prayers for injunctions corresponding to these declarations (enjoing the defendants against enforcing the DMCA against plaintiffs).
