THE FCC S RESPONSE TO AMERICAN BROADCASTING COMPANIES, INC. V. AEREO, INC.

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "THE FCC S RESPONSE TO AMERICAN BROADCASTING COMPANIES, INC. V. AEREO, INC."

Transcription

1 THE FCC S RESPONSE TO AMERICAN BROADCASTING COMPANIES, INC. V. AEREO, INC. February 20, 2015 Intellectual Property Litigation in Texas: Video Games, Damages, Patents and the Supreme Court Presented by the Intellectual Property Litigation Regional CLE Committee of the ABA Section of Litigation Tracy J. Willi Willi Law Firm, P.C. Austin, Texas Main (512) Fax (512)

2 The FCC s Response to American Broadcasting Companies, Inc. v. Aereo, Inc. Page 1 of 6 In American Broadcasting Companies, Inc. v. Aereo, Inc. the Supreme Court held that Aereo, Inc. infringed the copyright holders exclusive right to perform by selling its subscribers a technologically complex service that allows them to watch television programs over the Internet at about the same time as the programs are broadcast over the air. 1 Focusing on the 1976 amendments to the Copyright Act and the sections of the Act addressing cable companies, the Court found that Aereo s activities were substantially similar to those of the CATV companies that Congress amended the Act to reach. 2 In an attempt to make lemonade out of a sour ruling, Aereo sought further consideration by the Second Circuit of the preliminary injunction issues in this case by this Court, specifically, whether Aereo is a cable system entitled to a statutory license. The request was denied in the mandate issued by the Second Circuit on August 21, 2014, We leave it to the district court to consider whether the issues are properly raised in these cases and, if so, to rule on the issues in the first instance. 3 On remand, Aereo pursued four arguments to avoid or narrow the scope of the proposed preliminary injunction. First, Aereo argued that in light of the Supreme Court s holding, it should be considered a cable system that is entitled to a compulsory license under 111 of the Copyright Act, 17 U.S.C Second, even if it is not a cable system for purposes of 111, Aereo argued that it should be considered a mere conduit entitled to the safe harbor protection of 512(a) of the Copyright Act, 17 U.S.C. 512(a). Third, even if it is not a cable system entitled to a compulsory license or a mere conduit entitled to a safe harbor, Aereo argued that a preliminary injunction should not issue because Plaintiffs presently are unable to show any imminent irreparable harm. Finally, the Plaintiffs seeking the injunction requested that the scope of the preliminary injunction should be expanded to cover all retransmissions of their copyrighted content, regardless of when those retransmissions occur, while Aereo argued that the scope of the preliminary injunction should be narrowed to a modest delay, such as ten minutes, following the commencement of a broadcast. 4 1 Am. Broadcast. Co. v. Aereo, Inc., 134 S.Ct. 2498, 2503 (June 25, 2014) (hereinafter Aereo III.) 2 at A copy of mandate was filed in Am. Broadcast. Co. v. Aereo, Inc., No. 2:12-cv AJN-HBP, Doc. 324 (S.D. N.Y. August 21, 2014). 4 Am. Broadcast. Co. v. Aereo, Inc., No. 2:12- cv ajn-hbp, Doc. 341 (S.D. N.Y. October 23, 2014). This October 23, 2014, opinion and order granting the preliminary injunction against Aereo after remand is hereinafter referenced as Aereo IV. The District Court refers to Aereo I as the District Court s opinion initially denying the

3 Aereo was unsuccessful on each of its arguments on remand to the District Court, except to limit Plaintiffs to their original request for an injunction against the retransmission of the copyrighted works while the works are still being broadcast. 5 After the preliminary injunction was issued against Aereo, Aereo filed for federal bankruptcy protection under Chapter 11 and all further proceedings were stayed. 6 The first of Aereo s arguments on remand, whether it should be considered a cable system that is entitled to a compulsory license under 111 of the Copyright Act, is the focus of this article. The District Court on remand determined that while all cable systems may perform publicly, not all entities that perform publicly are necessarily cable systems. The District Court relied upon Second Circuit binding precedent on the issue of, whether a service that streams copyrighted television programming live over the Internet[] constitutes a cable system under 111 of the Copyright Act, and concluding that Congress did not intend for 111 s compulsory license to extend to Internet transmissions. 7 Thus, Aereo was not entitled to the 111 compulsory license. 8 Another case had recently addressed the same issue after the Supreme Court s Aereo decision and came to the same conclusion. 9 In its discussion of 111, the District Court noted that Congress has created new statutes for other transmissions of technology similar to cable systems, such as the Satellite Home Viewer Act of 1988, which created an interim compulsory licensing scheme under 119 of the Copyright Act akin to the compulsory licensing scheme for cable systems under 111. In 1994, Congress expressly amended 111 to add microwave as an acceptable communications channel for retransmissions. The District Court found that the statutory amendments only further confirm that not all entities that perform publicly in ways preliminary injunction in 2012, Aereo II as the Second Circuit s opinion in 2013 affirming the District Court s opinion, and Aereo III as the Supreme Court s opinion in 2014 reversing the Second Circuit s opinion. See Aereo IV at 1. 5 Aereo IV at 16. The preliminary injunction issued to bar Aereo nationwide from retransmitting programs to its subscribers while the programs are still being broadcast. 6 Am. Broadcast. Co. v. Aereo, Inc., No. 2:12- cv ajn-hbp, Doc. 354 (S.D. N.Y. November 24, 2014). 7 Aereo IV at 7 (citing WPIX, Inc. v. ivi, Inc. 691 F.3d 275, (2d Cir. 2012). 8 Aereo IV at 8. 9 Aereo IV at 6, (citing CBS Broad., Inc. v. FilmOn.com, Inc., No. 10 Civ (NRB), 2014 U.S. Dist. LEXIS , at *11 (S.D.N.Y. July 24, 2014) ( FilmOn ) ( A series of statements that Aereo... is very similar to a cable system is not the same as a judicial finding that Aereo and its technological peers are, in fact, cable companies entitled to retransmission licenses under 111 of the Copyright Act. )).

4 similarity to cable systems are entitled to the 111 license. 10 The opinion by the District Court entering the preliminary injunction against Aereo was entered on October 23, On October 28, 2014, Tom Wheeler, Chairman of the Federal Communications Commission (FCC), issued an Official FCC Blog stating: Specifically, I am asking the Commission to start a rulemaking proceeding in which we would modernize our interpretation of the term multichannel video programming distributor (MVPD) so that it is technology-neutral. The result of this technical adjustment will be to give MVPDs that use the Internet (or any other method of transmission) the same access to programming owned by cable operators and the same ability to negotiate to carry broadcast TV stations that Congress gave to satellite systems in order to ensure competitive video markets. 11 The FCC has rulemaking authority and can define what is an MVPD. 12 Currently, an MVPD is defined as a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming. 13 The Copyright Office, in comparison has limited rule-making authority. The Copyright Office establishes the requirements governing the submission of statutory royalty payments. If companies are classified as MVPDs, that does not mean that they are classified as cable companies, but it would allow them to negotiate with local broadcasters as an MVPD. If Internet content distributors, such as Aereo and FilmOn, obtain MVPD status, they would gain the rights and obligations that the cable and satellite MVPDs have, including access to content and local broadcast channels, and the ability to negotiate with broadcasters for carriage of their signals. On December 19, 2014, the FCC released a Notice of Proposed Rulemaking FCC (herein-after NPRM ). 14 This 57-page NPRM pro- 10 Aereo IV at Tom Wheeler, Tech Transitions, Video, and the Future, (Oct. 28, 2014), available at 12 See 47 C.F.R. pt , defining MVPD by referencing Section 602(13) of the Communications Act, 47 U.S.C. 522(13) FCC, MB Docket No , FCC , In the Matter of Promoting Innovation and Competition in the Provision of Multichannel Video Programming Distribution Services, Notice of Proposed Rulemaking (Dec. 19, 2014) ( NPRM ).

5 poses to extend the definition of MVPD to include distributors of scheduled linear programming over the Internet. The proposal includes discussion of the Supreme Court s Aereo decision and Aereo s status as a provider of online linear video programming. The NPRM notes that on October 23, 2014, the Federal District Court for the Southern District of New York granted certain broadcast stations request for a preliminary injunction to stop Aereo s live and near-live streaming of their broadcast signals over the Internet. However, the FCC interpreted the District Court s decision to leave open the possibility that Aereo could be entitled to a statutory copyright license if the Copyright Office and the FCC changed the interpretations of their respective statutes. 15 The NPRM summarized Aereo s efforts to obtain approval from the Copyright Office. After the Supreme Court found that Aereo violated certain copyright holders exclusive right to perform their works publicly as provided under the Copyright Act, Aereo then filed with the Copyright Office to pay statutory royalties to retransmit broadcast signals as a cable system. The Copyright Office accepted the filing on a provisional basis, pending further regulatory or 15 NPRM 11 n. 20 (citing Am. Broad. Co. Inc.. v. Aereo, Inc., Nos. 12 cv 1540, 12 cv 1543, 2014 WL , at *5, n.3 (SDNY Oct. 23, 2014)). judicial developments, including this Commission s interpretation of the term MVPD and the outcome of the case that was pending before the U.S. District Court for the Southern District of New York. 16 The NPRM references a letter from Jacqueline C. Charlesworth, General Counsel and Associate Register of Copyrights, U.S. Copyright Office, to Matthew Calabro, Director of Financial Planning & Analysis and Revenue, Aereo, Inc. (July 16, 2014). 17 The letter rejected Aereo s argument that it is a cable operator under the Copyright Act but indicated that the Copyright Office might revisit that conclusion if the Commission should find Aereo to be an MVPD under the Communications Act. 18 The NPRM also references a letter from Seth Greenstein, Counsel to Aereo, to Marlene H. Dortch, Secretary, Federal Communications Commission, MB Docket No , at 2 (filed Oct. 10, 2014) which stated, Particularly in the wake of adverse judicial and agency decisions over the last several years, linear online streaming services likely cannot attract the level of investment necessary to create meaningful competition to incumbent business models without a clear path of regulatory certainty NPRM NPRM 11 n NPRM 1 n. 3.

6 Specifically, the FCC proposes to interpret the term MVPD to mean all entities that make available for purchase, by subscribers or customers, multiple streams of video programming distributed at a pre-scheduled time. In reaching this conclusion, the FCC understands that the market for Internet-based distribution of video programming is nascent and that companies continue to experiment with business models. The current business models include, but are not limited to, the following types of Internet-based video service offerings, including combinations of these offerings: (1) Subscription Lin-ear (includes, for example, Aereo s services as it existed before the Supreme Court decision); (2) Sub-scription On- Demand (includes, for example, Amazon Prime Instant Video, Hulu Plus, and Netflix); (3) Transaction On- Demand (includes, for example, Amazon Instant Video, CinemaNow (by Best Buy), Google Play, itunes Store (by Apple), Sony Entertainment Network, Vudu (by Walmart), and Xbox Video (by Microsoft); (3) Ad-based Linear and On-Demand (includes, for example, Crackle, FilmOn, Hulu, Yahoo! Screen, and YouTube as they exist today); and (4) Transactional Linear (includes, for example, Ultimate Fighting Championship s UFC.TV pay-per-view service. 20 In addition to other amendments to incorporate the new definitions, the NPRM proposes that 47 C.F.R part 76.5 be amended to include the following definitions: (rr) Linear Video. A stream of video programming that is prescheduled by the programmer. (ss) Multichannel Video Programming Distributor. A person such as, but not limited to, a cable operator, a multi-channel multipoint distribution service, a direct broadcast satellite service, or a television receiveonly satellite program distributor, who makes avail-able for purchase, by subscribers or customers, multiple channels of video programming. As used in this paragraph, channel means linear video without regard to the means by which the programming is distributed. 21 The FCC seeks comment on the proposed interpretation of the definition of the term MVPD and on alternative interpretations. It also seeks comment on the public policy ramifications of these alternatives and any other alternatives commenters may suggest. The FCC notes that an entity that uses IP to deliver cable services does not alter the classification of its facility as a cable system and does not alter the classification of the entity as a cable operator. Finally, the FCC seeks comment on how to treat Internet- 20 NPRM NPRM app. A.

7 based linear video programming services that cable operators and DBS providers may choose to offer in addition to their traditional services. 22 The NPRM contains statements of the chairman and the commissioners. The concurring statements of commissioners, Ajit Pai and Michael O Reilly, reflect a concern that the structure proposed may stifle rather than encourage innovation if new entities seek to fit into the rubric suggested rather than creating new ways of communication. 23 While the Aereo case did not begin the discussion on re-defining the term MVPD, 24 the Supreme Court s Aereo decision and the resulting bankruptcy filing of an entity built on innovative communications technology served to demonstrate to the FCC that competition and innovation could be thwarted if a change is not made. December 19, 2014 NPRM nor does it contain the separate statements issued by the chairman and the commissioners, 26 so it is a little less inform-ative. However, the comments periods run from the date of publication in the Federal Register. Thus, comments on the NPRM are due on or before February 17, 2015, and reply com-ments are due on or before March 2, If entities have an interest in the outcome or innovative communication methods that are not addressed in this NPRM, now is the time to participate in this meaningful regulatory process. The NPRM was issued on December 19, 2014, but it was not published in the Federal Register until January 15, The official Federal Register version is a summary and does not contain many of the footnotes in the 22 NPRM NPRM at Each paragraph of the body of the NPRM is numbered, but the statements of the chairman and commissions do not contain numbered paragraphs. 24 In 2012, for example, the Media Bureau of the FCC sought comment on the interprettation of the terms MVPD and Channel. See FCC, MB Docket No , Pub. Not. DA , Media Bureau Seeks Comment on Interpretation of the Terms Multichannel Video Programming Distributor and Channel as Raised in Pending Program Access Complaint Proceeding (Mar. 30, 2012). 25 Promoting Innovation and Competition in the Provision of Multichannel Video Programming Distribution Services, 80 Fed. Reg (proposed Jan. 15, 2015) (to be codified at 47 C.F.R. pt. 76). 26

Inside FCC Proposal To Regulate Online Video Distributors

Inside FCC Proposal To Regulate Online Video Distributors Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Inside FCC Proposal To Regulate Online Video Distributors

More information

Before the Federal Communications Commission Washington, D.C. 20554

Before the Federal Communications Commission Washington, D.C. 20554 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Promoting Innovation and Competition in the Provision of Multichannel Video Programming Distribution Services MB Docket

More information

FCC Officially Launches OVD Definition NPRM Broadcastin...

FCC Officially Launches OVD Definition NPRM Broadcastin... FCC Officially Launches OVD Definition NPRM Broadcasting & Cable broadcastingcable.com (http://www.broadcastingcable.com/news/washington/fcc-officiallylaunches-ovd-definition-nprm/136544) by John Eggerton

More information

Before the Federal Communications Commission Washington, D.C. 20554. Reply Comments of the Motion Picture Association of America

Before the Federal Communications Commission Washington, D.C. 20554. Reply Comments of the Motion Picture Association of America Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Implementation of Section 103 ) MB Docket No. 15-216 of the STELA Reauthorization Act of 2014 ) ) Totality of the

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) COMMENTS OF THE ALLIANCE FOR COMMUNITY MEDIA

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) COMMENTS OF THE ALLIANCE FOR COMMUNITY MEDIA Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Promoting Innovation and Competition in the Provision of Multichannel Video Programming Distribution Services MB Docket

More information

REPLY COMMENTS OF THE STAFF OF THE FEDERAL TRADE COMMISSION(1)

REPLY COMMENTS OF THE STAFF OF THE FEDERAL TRADE COMMISSION(1) UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION WASHINGTON, D.C. 20580 Before the Copyright Office, Library of Congress Washington, D. C. In re Satellite Carrier Compulsory License; Definition of Unserved

More information

THE LEGAL LAG BEHIND EMERGING TECHNOLOGY: AEREO - INNOVATION OR EXPLOIT?

THE LEGAL LAG BEHIND EMERGING TECHNOLOGY: AEREO - INNOVATION OR EXPLOIT? THE LEGAL LAG BEHIND EMERGING TECHNOLOGY: AEREO - INNOVATION OR EXPLOIT? Ruchir Patel ABSTRACT The now defunct technology start-up Aereo was poised to revolutionize the live broadcast television model.

More information

Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554

Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554 In the Matter of ) ) Promoting Innovation and Competition in the ) MB Docket No. 14-261 Provision of Multichannel Video Programming ) Distribution

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 ) ) ) ) ) ) )

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 ) ) ) ) ) ) ) Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of Amendment to the Commission s Rules Concerning Effective Competition Implementation of Section 111 of the STELA Reauthorization

More information

Online Video Distributors and the Current Statutory and Regulatory Framework: Issues for Congress

Online Video Distributors and the Current Statutory and Regulatory Framework: Issues for Congress Online Video Distributors and the Current Statutory and Regulatory Framework: Issues for Congress Charles B. Goldfarb Specialist in Telecommunications Policy Kathleen Ann Ruane Legislative Attorney January

More information

OTT/MVPD NPRM OVERVIEW

OTT/MVPD NPRM OVERVIEW Connecting America s Public Sector to the Broadband Future WHAT ARE THE IMPLICATIONS OF OVER-THE-TOP (OTT) FOR CABLE FRANCHISING? by Tim Lay enatoa 1875 Eye Street, NW, Suite 700 Washington, DC 20006 www.spiegelmcd.com

More information

CRS Report for Congress

CRS Report for Congress CRS Report for Congress Received through the CRS Web Order Code RS21775 Updated April 5, 2004 Cable Television: Background and Overview of Rates and Other Issues for Congress Summary Justin Murray Information

More information

Before the Federal Communications Commission Washington, D.C. 20554 REPLY COMMENTS OF SUREWEST COMMUNICATIONS

Before the Federal Communications Commission Washington, D.C. 20554 REPLY COMMENTS OF SUREWEST COMMUNICATIONS Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) MM Docket 07-269 Annual Assessment of the Status of ) Competition in the Market for the ) Delivery of Video Programming

More information

January 23, 2015. United States House of Representatives Committee on Energy and Commerce 2125 Rayburn House Office Building Washington, D.C.

January 23, 2015. United States House of Representatives Committee on Energy and Commerce 2125 Rayburn House Office Building Washington, D.C. January 23, 2015 United States House of Representatives Committee on Energy and Commerce 2125 Rayburn House Office Building Washington, D.C. 20515 Delivered by email to: commactupdate@mail.house.gov Dear

More information

USDCSDNY DOCUMENT ELECTRONICALLY FILED

USDCSDNY DOCUMENT ELECTRONICALLY FILED Case 1:12-cv-01540-AJN-HBP Document 341 Filed 10/23/14 Page 1 of 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------------)( AMERICAN

More information

AEREO AND INTERNET TELEVISION: A CALL TO SAVE THE DUCKS (A LA CARTE)

AEREO AND INTERNET TELEVISION: A CALL TO SAVE THE DUCKS (A LA CARTE) AEREO AND INTERNET TELEVISION: A CALL TO SAVE THE DUCKS (A LA CARTE) POOJA PATEL ABSTRACT If it looks like a duck, swims like a duck, and quacks like a duck, it is probably a duck. The most recent U.S.

More information

Cut The TV Cable. Paul Glattstein

Cut The TV Cable. Paul Glattstein Cut The TV Cable by Paul Glattstein Cut The TV Cable by Paul Glattstein Television is a medium because it is neither rare nor well done. Ernie Kovacs Overview Disconnect from Cable or Satellite TV What's

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Implementation of the Cable Television Consumer MB Docket No. 07-29 Protection and Competition Act of 1992 Development

More information

Testimony of. R. Stanton Dodge Executive Vice-President and General Counsel of DISH Network L.L.C. Satellite Video 101. Before the

Testimony of. R. Stanton Dodge Executive Vice-President and General Counsel of DISH Network L.L.C. Satellite Video 101. Before the Testimony of R. Stanton Dodge Executive Vice-President and General Counsel of DISH Network L.L.C. On Satellite Video 101 Before the House of Representatives Committee on Energy and Commerce Subcommittee

More information

Second Circuit Deals Blow to Rights of Broadcasters Under the Copyright Act

Second Circuit Deals Blow to Rights of Broadcasters Under the Copyright Act stroock & stroock & lavan llp as published in intellectual property technology law journal july 2013 Second Circuit Deals Blow to Rights of Broadcasters Under the Copyright Act By John M. Gatti and Crystal

More information

Verizon v. Vonage and Sprint v. Vonage: A Tale of Two Patent Infringement Cases and Their Impact on the VoIP Industry

Verizon v. Vonage and Sprint v. Vonage: A Tale of Two Patent Infringement Cases and Their Impact on the VoIP Industry Verizon v. Vonage and Sprint v. Vonage: A Tale of Two Patent Infringement Cases and Their Impact on the VoIP Industry By Kristie D. Prinz, Founder The Prinz Law Office State Bar of California Annual Meeting

More information

BROADCAST EXCLUSIVITY RULES

BROADCAST EXCLUSIVITY RULES United States Government Accountability Office Report to Congressional Requesters April 2015 BROADCAST EXCLUSIVITY RULES Effects of Elimination Would Depend on Other Federal Actions and Industry Response

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) ) ) REPORT ON CABLE INDUSTRY PRICES

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) ) ) REPORT ON CABLE INDUSTRY PRICES Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Implementation of Section 3 of the Cable Television Consumer Protection and Competition Act of 1992 Statistical Report

More information

COMMONWEALTH OF KENTUCKY BOARD OF TAX APPEALS FILE NOS. K13-R-31, K13-R-32 FINANCE AND ADMINISTRATION CABINET DEPARTMENT OF REVENUE

COMMONWEALTH OF KENTUCKY BOARD OF TAX APPEALS FILE NOS. K13-R-31, K13-R-32 FINANCE AND ADMINISTRATION CABINET DEPARTMENT OF REVENUE COMMONWEALTH OF KENTUCKY BOARD OF TAX APPEALS FILE NOS. K13-R-31, K13-R-32 NETFLIX, INC. APPELLANT V. ORDER NO. K-24900 FINANCE AND ADMINISTRATION CABINET DEPARTMENT OF REVENUE APPELLEE An evidentiary

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) ) ) REPORT ON CABLE INDUSTRY PRICES

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) ) ) REPORT ON CABLE INDUSTRY PRICES Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Implementation of Section 3 of the Cable Television Consumer Protection and Competition Act of 1992 Statistical Report

More information

Aereo and FilmOn X: Internet Television Streaming and Copyright Law

Aereo and FilmOn X: Internet Television Streaming and Copyright Law Aereo and FilmOn X: Internet Television Streaming and Copyright Law Emily M. Lanza Legislative Attorney January 13, 2014 Congressional Research Service 7-5700 www.crs.gov R43359 Summary Aereo and FilmOn

More information

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION UNITED STATES OF AMERICA, VS. Plaintiff, HENRY D. GOLTZ, EVANGELINA

More information

Testimony of Preston R. Padden. Executive Vice President, Worldwide Government Relations. The Walt Disney Company. Before the U.S.

Testimony of Preston R. Padden. Executive Vice President, Worldwide Government Relations. The Walt Disney Company. Before the U.S. Testimony of Preston R. Padden Executive Vice President, Worldwide Government Relations The Walt Disney Company Before the U.S. Copyright Office Sec. 109 Hearings on the Operation of, and Continued Necessity

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ARISTA RECORDS, LLC, a Delaware limited liability company; ATLANTIC RECORDING CORPORATION, a Delaware corporation; BMG MUSIC,

More information

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. ) ) ) ) )

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. ) ) ) ) ) BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. In the Matter of Promoting Innovation and Competition in the Provision of Multichannel Video Programming Distribution Services MB Docket No.

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 REPLY TO OPPOSITIONS TO PETITION FOR RECONSIDERATION

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 REPLY TO OPPOSITIONS TO PETITION FOR RECONSIDERATION Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television

More information

Introduction. Background

Introduction. Background Introduction This is the sixth in a series of white papers issued by the committee in its process of reviewing the Communications Act for update. This paper focuses on regulation of the market for video

More information

WRITTEN STATEMENT AND EXECUTIVE SUMMARY OF COMMENTS OF AT&T SERVICES INC.

WRITTEN STATEMENT AND EXECUTIVE SUMMARY OF COMMENTS OF AT&T SERVICES INC. Before the COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. In the Matter of ) Section 109 Report to Congress Docket No. 2007-1 WRITTEN STATEMENT AND EXECUTIVE SUMMARY OF COMMENTS OF AT&T SERVICES

More information

Aereo and FilmOn X: Internet Television Streaming and Copyright Law

Aereo and FilmOn X: Internet Television Streaming and Copyright Law Aereo and FilmOn X: Internet Television Streaming and Copyright Law Emily M. Lanza Legislative Attorney March 20, 2014 Congressional Research Service 7-5700 www.crs.gov R43359 Summary Aereo and FilmOn

More information

SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2010

SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2010 PUBLIC LAW 111 175 MAY 27, 2010 SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2010 VerDate Nov 24 2008 03:07 Jun 15, 2010 Jkt 089139 PO 00175 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL175.111 GPO1

More information

The Cable and Satellite Compulsory Copyright Licenses

The Cable and Satellite Compulsory Copyright Licenses The Silicon Flatirons Roundtable Series on Entrepreneurship, Innovation, and Public Policy The Cable and Satellite Compulsory Copyright Licenses John Bergmayer, Rapporteur INTRODUCTION On April 29, 2011,

More information

Client Alert: Supreme Court Hears Oral Argument in ABC v. Aereo Internet Streaming Case (Report from the Courtroom)

Client Alert: Supreme Court Hears Oral Argument in ABC v. Aereo Internet Streaming Case (Report from the Courtroom) Client Alert: Supreme Court Hears Oral Argument in ABC v. Aereo Internet Streaming Case (Report from the Courtroom) This morning, the United States Supreme Court heard oral argument in ABC v. Aereo, a

More information

Case 2:14-cv-00059-JRG-RSP Document 63 Filed 05/08/14 Page 1 of 10 PageID #: 353

Case 2:14-cv-00059-JRG-RSP Document 63 Filed 05/08/14 Page 1 of 10 PageID #: 353 Case 2:14-cv-00059-JRG-RSP Document 63 Filed 05/08/14 Page 1 of 10 PageID #: 353 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION C-CATION TECHNOLOGIES, LLC, v. Plaintiff,

More information

STATUTORY COPYRIGHT LICENSES

STATUTORY COPYRIGHT LICENSES United States Government Accountability Office Report to Congressional Committees May 2016 STATUTORY COPYRIGHT LICENSES Stakeholders Views on a Phaseout of Licenses for Broadcast Programming GAO-16-496

More information

Before the COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. COMMENTS OF JOINT SPORTS CLAIMANTS

Before the COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. COMMENTS OF JOINT SPORTS CLAIMANTS Before the COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. In the Matter of Section 109 Report to Congress Regarding Cable and Satellite Statutory Licenses Docket No. 2007-1 COMMENTS OF JOINT SPORTS

More information

TESTIMONY OF JEFFREY BLUM SENIOR VICE PRESIDENT & DEPUTY GENERAL COUNSEL DISH NETWORK L.L.C. before the UNITED STATES COPYRIGHT OFFICE June 10, 2011

TESTIMONY OF JEFFREY BLUM SENIOR VICE PRESIDENT & DEPUTY GENERAL COUNSEL DISH NETWORK L.L.C. before the UNITED STATES COPYRIGHT OFFICE June 10, 2011 TESTIMONY OF JEFFREY BLUM SENIOR VICE PRESIDENT & DEPUTY GENERAL COUNSEL DISH NETWORK L.L.C. before the UNITED STATES COPYRIGHT OFFICE June 10, 2011 Ms. Pallante and staff members of the U.S. Copyright

More information

Closing the Digital Gap. The Impact of Over-The-Top Platforms on Home Entertainment

Closing the Digital Gap. The Impact of Over-The-Top Platforms on Home Entertainment Closing the Digital Gap The Impact of Over-The-Top Platforms on Home Entertainment Closing the Digital Gap The Impact of Over-The-Top Platforms on Home Entertainment As Over-the-Top (OTT) platforms continue

More information

Reality. Myth. OTT is highly cannibalistic of traditional TV. Only somewhat. OTT TV Myth #3: OTT Is Highly Cannibalistic of Traditional TV

Reality. Myth. OTT is highly cannibalistic of traditional TV. Only somewhat. OTT TV Myth #3: OTT Is Highly Cannibalistic of Traditional TV OTT TV Myth #3: OTT Is Highly Cannibalistic of Traditional TV Alarmist statements abound regarding the predatory nature of over-the-top (OTT) and how it is poaching traditional TV viewers. Myth Reality

More information

LEGAL UPDATE THIRD PARTY POP-UP ADVERTISEMENTS: U-HAUL INT L, INC. V. WHENU.COM. Andrew J. Sinclair

LEGAL UPDATE THIRD PARTY POP-UP ADVERTISEMENTS: U-HAUL INT L, INC. V. WHENU.COM. Andrew J. Sinclair LEGAL UPDATE THIRD PARTY POP-UP ADVERTISEMENTS: U-HAUL INT L, INC. V. WHENU.COM Andrew J. Sinclair I. INTRODUCTION Pop-up advertising has been an enormous success for internet advertisers 1 and a huge

More information

'Safe Harbor' For Online Service Providers

'Safe Harbor' For Online Service Providers Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com 'Safe Harbor' For Online Service Providers

More information

Global Forum on Competition

Global Forum on Competition Unclassified DAF/COMP/GF/WD(2013)49 DAF/COMP/GF/WD(2013)49 Unclassified Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 11-Feb-2013 English

More information

BACKGROUNDER. FCC: Over the Top on Internet TV. Key Points. James L. Gattuso

BACKGROUNDER. FCC: Over the Top on Internet TV. Key Points. James L. Gattuso BACKGROUNDER No. 3077 FCC: Over the Top on Internet TV James L. Gattuso Abstract Today s TV marketplace offers consumers more choices, more competition, and more iovation that ever before. These new realities

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Implementation of Section 621(a)(1) of the ) MB Docket No. 05-311 Cable Communication Policy Act of 1984 ) as amended

More information

The Digital Television Transition And IPTV Growth In The U.S. Ken Ferree Former Chief, FCC Media Bureau

The Digital Television Transition And IPTV Growth In The U.S. Ken Ferree Former Chief, FCC Media Bureau The Digital Television Transition And IPTV Growth In The U.S. Ken Ferree Former Chief, FCC Media Bureau The FCC and US Regulation The FCC is an independent agency It regulates interstate and international

More information

ASBESTOS CLAIMS AND LITIGATION

ASBESTOS CLAIMS AND LITIGATION ASBESTOS CLAIMS AND LITIGATION PFIZER, INC. V. LAW OFFICES OF PETER G. ANGELOS CASE ANALYSIS: PARENT COMPANYASBESTOS LIABILITY July, 2013 ALRA Group Members http://alragroup.com / I. Introduction (F. Grey

More information

Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7

Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7 Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ) LEAGUE OF WOMEN VOTERS ) OF OHIO, et al., ) Plaintiffs,

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) ) ) ) ) ) PETITION FOR RECONSIDERATION

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) ) ) ) ) ) ) PETITION FOR RECONSIDERATION Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Reporting Requirements for U.S. Providers of International Telecommunications Services Amendment of Part 43 of the Commission

More information

The US Supreme Court s Aereo decision online television streaming, the Optus TV Now decision and cloud computing

The US Supreme Court s Aereo decision online television streaming, the Optus TV Now decision and cloud computing The US Supreme Court s Aereo decision online television streaming, the Optus TV Now decision and cloud computing Anna Spies KING & WOOD MALLESONS Key points The decision of the Supreme Court of the United

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission s Rules CS Docket No. 98-120

More information

Before the Federal Communications Commission Washington, D.C. 20554

Before the Federal Communications Commission Washington, D.C. 20554 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) Implementation of Section 304 of the ) Telecommunications Act of 1996 ) CS Docket No. 97-80 ) Commercial Availability

More information

Testimony of Gene Kimmelman President and CEO Public Knowledge. Before the U.S. Senate Committee on the Commerce, Science, and Transportation

Testimony of Gene Kimmelman President and CEO Public Knowledge. Before the U.S. Senate Committee on the Commerce, Science, and Transportation Testimony of Gene Kimmelman President and CEO Public Knowledge Before the U.S. Senate Committee on the Commerce, Science, and Transportation Hearing On: At a Tipping Point: Consumer Choice, Consolidation

More information

Employee Relations. Howard S. Lavin and Elizabeth E. DiMichele

Employee Relations. Howard S. Lavin and Elizabeth E. DiMichele VOL. 34, NO. 4 SPRING 2009 Employee Relations L A W J O U R N A L Split Circuits Does Charging Party s Receipt of a Right-to-Sue Letter and Commencement of a Lawsuit Divest the EEOC of its Investigative

More information

Before the COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. REPLY COMMENTS OF THE UNITED STATES TELECOM ASSOCIATION

Before the COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. REPLY COMMENTS OF THE UNITED STATES TELECOM ASSOCIATION Before the COPYRIGHT OFFICE LIBRARY OF CONGRESS Washington, D.C. Section 109 Report to Congress REPLY COMMENTS OF THE UNITED STATES TELECOM ASSOCIATION The United States Telecom Association (USTelecom)

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 5:13-cv-04137-JWL-JPO Document 16 Filed 02/04/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, for the use and benefit of LAWRENCE KEVIN WRIGHT,

More information

Before the Library of Congress United States Copyright Office ) ) ) ) ) ) ) Comments of The Internet Association

Before the Library of Congress United States Copyright Office ) ) ) ) ) ) ) Comments of The Internet Association Before the Library of Congress United States Copyright Office Request for Additional Comments on Making Available Right Study and Aereo 1 Docket Number: 2014-2 August 14, 2014 Comments of The Internet

More information

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION. Washington, D.C. 20554

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION. Washington, D.C. 20554 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of THE PROVISION OF TELECOMMUNICATIONS SERVICE VIA "CABLE INTERNET" UNITED STATES INTERNET INDUSTRY ASSOCIATION ("USIIA"),

More information

In re: Chapter 11. 824 SOUTH EAST BOULEVARD REALTY, INC., Case No. 11-15728 (ALG) MEMORANDUM OF DECISION AND ORDER. Introduction

In re: Chapter 11. 824 SOUTH EAST BOULEVARD REALTY, INC., Case No. 11-15728 (ALG) MEMORANDUM OF DECISION AND ORDER. Introduction UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x NOT FOR PUBLICATION In re: Chapter 11 824 SOUTH EAST BOULEVARD REALTY,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA. Plaintiff 2:14-cv-2081-RMG. Case No. vs. CLASS ACTION COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA. Plaintiff 2:14-cv-2081-RMG. Case No. vs. CLASS ACTION COMPLAINT 2:14-cv-02081-RMG Date Filed 05/29/14 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA MARK FITZHENRY, individually and on behalf of a class of all persons

More information

CABLE SERVICES Which cable company do you subscribe to:

CABLE SERVICES Which cable company do you subscribe to: CABLE ADVISORY COMMITTEE COMMUNITY SURVEY As the Town of North Reading prepares for contract negotiations with each cable television provider, Comcast and Verizon, the Cable Advisory Committee seeks community

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) REPLY COMMENTS

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) REPLY COMMENTS Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Annual Assessment of the Status of Competition in the Market for Delivery of Video Programming MB Docket No. 15-158

More information

Mobile Music Licensing: A New Model, A Variation On The Old Or Just Something New And Different By: Todd Brabec Jeff Brabec

Mobile Music Licensing: A New Model, A Variation On The Old Or Just Something New And Different By: Todd Brabec Jeff Brabec Mobile Music Licensing: A New Model, A Variation On The Old Or Just Something New And Different By: Todd Brabec Jeff Brabec Mobile music licensing involves primarily the two separate copyrights of the

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) Comments of WTA Advocates for Rural Broadband

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) Comments of WTA Advocates for Rural Broadband Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission s Rules CS Docket No. 98-120

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ORDER. THIS MATTER comes before the Court on Defendant s Motion to Dismiss

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ORDER. THIS MATTER comes before the Court on Defendant s Motion to Dismiss UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CHAD EICHENBERGER, individually and on behalf of all others similarly situated, v. Plaintiff, ESPN, INC., a Delaware corporation,

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued April 19, 2016 In The Court of Appeals For The First District of Texas NO. 01-15-00361-CV FREDDIE L. WALKER, Appellant V. RISSIE OWENS, PRESIDING OFFICER OF THE TEXAS BOARD OF PARDONS AND

More information

Congress Gives Satellite Viewers Local Station Option Stephen Super

Congress Gives Satellite Viewers Local Station Option Stephen Super Congress Gives Satellite Viewers Local Station Option Stephen Super I. Introduction For years, cable television companies have been telling customers that a 500-channel era is imminent. [1] While cable

More information

SCAN NATOA CHAPTER MEETING TELECOM 101 PASADENA, JAN. 15, 2015

SCAN NATOA CHAPTER MEETING TELECOM 101 PASADENA, JAN. 15, 2015 SCAN NATOA CHAPTER MEETING TELECOM 101 PASADENA, JAN. 15, 2015 Current Legal Issues Affecting the Telecommunications Industry Gail A. Karish Best Best & Krieger LLP Cable Television and Broadband Cable

More information

Promoting Competition in the Provision of Cable Television Service A Discussion Paper Submitted on behalf of FairPoint Communications May 2009

Promoting Competition in the Provision of Cable Television Service A Discussion Paper Submitted on behalf of FairPoint Communications May 2009 Promoting Competition in the Provision of Cable Television Service A Discussion Paper Submitted on behalf of FairPoint Communications May 2009 In 2008, the Maine legislature passed LD 2133, An Act To Amend

More information

57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed

57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed Page 1 57 of 62 DOCUMENTS JAMES C. GARDNER, JR., Plaintiff-Appellant, vs. HEARTLAND EXPRESS, INC., and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants-Appellees. No. 5-984 / 05-0037 COURT OF APPEALS

More information

Case 2:06-cv-03669-DRH-ETB Document 26 Filed 11/30/2006 Page 1 of 9 CV 06-3669 (DRH) (ETB)

Case 2:06-cv-03669-DRH-ETB Document 26 Filed 11/30/2006 Page 1 of 9 CV 06-3669 (DRH) (ETB) Case 2:06-cv-03669-DRH-ETB Document 26 Filed 11/30/2006 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------------X

More information

Cable Television Update 2015 A Look at Federal Regulatory Developments

Cable Television Update 2015 A Look at Federal Regulatory Developments Cable Television Update 2015 A Look at Federal Regulatory Developments NATOA s 35 th Annual Conference San Diego, CA September 8-11, 2015 Presented by: Brian T. Grogan, Esq 1 Jan. 21, 2015 FCC 621 Order

More information

Before the Federal Communications Commission Washington, D.C. 20554

Before the Federal Communications Commission Washington, D.C. 20554 Before the Federal Communications Commission Washington, D.C. 20554 In the Matters of ) ) Federal-State Joint Board ) CC Docket No. 96-45 On Universal Service ) ) Access Charge Reform ) CC Docket No. 96-262

More information

4:13-cv-10877-MAG-LJM Doc # 16 Filed 07/03/13 Pg 1 of 7 Pg ID 126 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

4:13-cv-10877-MAG-LJM Doc # 16 Filed 07/03/13 Pg 1 of 7 Pg ID 126 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 4:13-cv-10877-MAG-LJM Doc # 16 Filed 07/03/13 Pg 1 of 7 Pg ID 126 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL BUSSARD, v. Plaintiff, SHERMETA, ADAMS AND VON ALLMEN,

More information

8:08-cv-00541-LSC-TDT Doc # 301 Filed: 04/01/10 Page 1 of 10 - Page ID # 2724 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

8:08-cv-00541-LSC-TDT Doc # 301 Filed: 04/01/10 Page 1 of 10 - Page ID # 2724 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA 8:08-cv-00541-LSC-TDT Doc # 301 Filed: 04/01/10 Page 1 of 10 - Page ID # 2724 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA PETER KIEWIT SONS INC. and KIEWIT CORPORATION, ATSER, LP,

More information

Determining Jurisdiction for Patent Law Malpractice Cases

Determining Jurisdiction for Patent Law Malpractice Cases Determining Jurisdiction for Patent Law Malpractice Cases This article originally appeared in The Legal Intelligencer on May 1, 2013 As an intellectual property attorney, the federal jurisdiction of patent-related

More information

Case 1:12-cv-06677-JSR Document 77 Filed 09/16/14 Page 1 of 8

Case 1:12-cv-06677-JSR Document 77 Filed 09/16/14 Page 1 of 8 Case 1:12-cv-06677-JSR Document 77 Filed 09/16/14 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------x EDWARD ZYBURO, on behalf of himself and all

More information

Litigation Proliferates Over the Streaming of Broadcast Television: American Broadcasting Companies, Inc. v. Aereo, Inc.

Litigation Proliferates Over the Streaming of Broadcast Television: American Broadcasting Companies, Inc. v. Aereo, Inc. Litigation Proliferates Over the Streaming of Broadcast Television: American Broadcasting Companies, Inc. v. Aereo, Inc. and Fox Television Stations, Inc. v. BarryDriller Content Systems, PLC By Peter

More information

Federal Communications Commission FCC 00-99. Before the Federal Communications Commission Washington, D.C. 20554

Federal Communications Commission FCC 00-99. Before the Federal Communications Commission Washington, D.C. 20554 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Implementation of the Satellite Home ) CS Docket No. 99-363 Viewer Improvement Act of 1999 ) ) Retransmission Consent

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION SWEEPSTAKES PATENT COMPANY, LLC, and INGENIO, FILIALE DE LOTO- QUEBEC INC., Plaintiffs, v. Case No: 6:14-cv-151-Orl-22KRS CHASE

More information

the Interconnection Agreements filed with the Idaho Public Utilities Commission (the

the Interconnection Agreements filed with the Idaho Public Utilities Commission (the - ' '..:,- ':)CeC \ir i \;- ; L!LED IDAHO pub~i~~:i~~~e OMMISgWi'fEB -6 1"- ~;i'i 9: 58 In the Matter of the Petition for Approval of an Amendment to an Interconnection Agreement Between Verizon Northwest

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA PLAINTIFF S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA PLAINTIFF S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION MICHAEL GLENN WHITE, et. al. Plaintiffs v. VIRGINIA BOARD OF EDUCATION; et. al., Defendants. Case No. 3:00CV386

More information

Consumer Video Choice Coalition Urges FCC Action to Preserve Competition in Video Device Market

Consumer Video Choice Coalition Urges FCC Action to Preserve Competition in Video Device Market Consumer Video Choice Coalition Urges FCC Action to Preserve Competition in Video Device Market August 21, 2015 The Consumer Video Choice Coalition today responded to the FCC s request for comment on the

More information

AEREO: FROM WORKING AROUND COPYRIGHT TO THINKING INSIDE THE (CABLE) BOX

AEREO: FROM WORKING AROUND COPYRIGHT TO THINKING INSIDE THE (CABLE) BOX AEREO: FROM WORKING AROUND COPYRIGHT TO THINKING INSIDE THE (CABLE) BOX Annemarie Bridy 2015 MICH. ST. L. REV. 465 TABLE OF CONTENTS INTRODUCTION... 465 I. WORKING AROUND THE LAW... 467 II. THE (CABLE)

More information

Home Model Legislation Telecommunications and Information. Cable and Video Competition Act

Home Model Legislation Telecommunications and Information. Cable and Video Competition Act Search GO LOGIN LOGOUT HOME JOIN ALEC CONTACT ABOUT MEMBERS EVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS NEWS Model Legislation Civil Justice Commerce, Insurance, and Economic

More information

MPAA Response to Communications Act Update White Paper 6: Regulation of the Market for Video Content and Distribution. Jan.

MPAA Response to Communications Act Update White Paper 6: Regulation of the Market for Video Content and Distribution. Jan. MPAA Response to Communications Act Update White Paper 6: Regulation of the Market for Video Content and Distribution Jan. 23, 2015 I. The Modern Video Marketplace is Thriving Never before have audiences

More information

United States Court of Appeals

United States Court of Appeals USCA Case #12-5117 Document #1394950 Filed: 09/18/2012 Page 1 of 5 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 12-5117 September Term, 2012 FILED ON: SEPTEMBER 18, 2012 CENTER

More information

Testimony of James Campbell Regional Vice President, Public Policy CenturyLink

Testimony of James Campbell Regional Vice President, Public Policy CenturyLink Testimony of James Campbell Regional Vice President, Public Policy CenturyLink before the Subcommittee on Courts, Intellectual Property and the Internet, Committee on the Judiciary United States House

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) NOTICE OF PROPOSED RULEMAKING

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) NOTICE OF PROPOSED RULEMAKING Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Expansion of Online Public File Obligations To Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees

More information

ASBESTOS CLAIMS AND LITIGATION

ASBESTOS CLAIMS AND LITIGATION ASBESTOS CLAIMS AND LITIGATION PFIZER, INC. V. LAW OFFICES OF PETER G. ANGELOS CASE ANALYSIS: PARENT COMPANYASBESTOS LIABILITY July, 2013 ALRA Group Members http://alragroup.com / I. Introduction (F. Grey

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 ) ) ) ) ) ) ) ) COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 ) ) ) ) ) ) ) ) COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of Closed Captioning of Video Programming: Telecommunications for the Deaf and Hard of Hearing, Inc. Petition for Rulemaking

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. Nos. 11-15136 & 11-15801. D.C. Docket Nos. 9:08-cv-80820-DTKH, 9:08-cv-81185-DTKH

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. Nos. 11-15136 & 11-15801. D.C. Docket Nos. 9:08-cv-80820-DTKH, 9:08-cv-81185-DTKH Case: 11-15136 Date Filed: 10/25/2012 Page: 1 of 11 ARTHUR SMITH, et al., IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Nos. 11-15136 & 11-15801 D.C. Docket Nos. 9:08-cv-80820-DTKH, 9:08-cv-81185-DTKH

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ORDER. Adopted: June 27, 2008 Released: June 30, 2008

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ORDER. Adopted: June 27, 2008 Released: June 30, 2008 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Request for Review by InterCall, Inc. of Decision of Universal Service Administrator CC Docket No. 96-45 ORDER Adopted:

More information

Case 0:07-cv-60771-JIC Document 30 Entered on FLSD Docket 08/07/07 09:36:18 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:07-cv-60771-JIC Document 30 Entered on FLSD Docket 08/07/07 09:36:18 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 0:07-cv-60771-JIC Document 30 Entered on FLSD Docket 08/07/07 09:36:18 Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MRI SCAN CENTER, INC., on itself and all others similarly situated,

More information

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE : AL JAZEERA AMERICA, LLC, : : Plaintiff, : : v. : C.A. No. 8823-VCG : AT&T SERVICES, INC., : : Defendant. : : MOTION TO STAY OCTOBER 14, 2013 LETTER OPINION

More information

Use of Competitor's Trademark in Keyword Advertising: Infringement or Not?

Use of Competitor's Trademark in Keyword Advertising: Infringement or Not? Use of Competitor's Trademark in Keyword Advertising: Infringement or Not? Grady M. Garrison and Laura P. Merritt Baker Donelson Bearman Caldwell & Berkowitz P.C. Michael M. Lafeber Briggs and Morgan,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN LENNETT GENSEL, Plaintiff, -vs- Case No. 13-C-1196 PERFORMANT TECHNOLOGIES, Inc., Defendant. DECISION AND ORDER On January 28, 2015, the Court

More information