The result was Federal government lacks the authority to waive a US State's sovereign immunity Not just on the copyright act, but over any matter, except where a constitutional provision allows for it.
Might have had better luck suing under the "due process" and "takings" clauses of the 5th Amendment.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
There was no due process performed by the State nor was the taking fairly (or even unfairly) compensated. States (and the Federal government) have successfully been sued under these clauses many times.
Strat