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24 Apr 2014, 1:07 pm by Craig Whitney
  The Second Circuit affirmed the decision, relying on the court’s earlier decision in Cartoon Network LP v. [read post]
7 Apr 2014, 6:36 am by LTA-Editor
Aereo, Inc., and argues that Aereo is infringing the broadcasters’ public performance right and that by expanding on the earlier decision Cartoon Network LP, LLLP v CSC Holdings, Inc., the Second Circuit misinterpreted the text and the spirit of the Copyright Act. [read post]
10 Mar 2014, 5:02 am by Terry Hart
But if Aereo is the performer, the opposite conclusion seems required, since the relationship between Aereo, Inc. and its paying subscribers is very likely a public one. [read post]
27 Feb 2014, 10:10 am by Devlin Hartline
There must be actual infringing conduct with a nexus sufficiently close and causal to the illegal copying that one could conclude that the machine owner himself trespassed on the exclusive domain of the copyright owner.10 The volitional conduct test has also been adopted by the Second and Ninth Circuits,11 as well as by several district courts.12 In fact, Congress baked Netcom immunity under the volitional conduct test right into the DMCA.13 For example, Section 512(c) grants a qualifying service… [read post]
7 Feb 2014, 2:26 am
These questions arose in connection with this Kat’s perusal of the recent decision of the EU General Court (Seventh Chamber) given on October 2, 2013, in The Cartoon Network, Inc. v OHIM and another (Case T-285/12),here, which inter alia addressed the issue of coexistence.As a matter of practice, and depending upon the jurisdiction, the thinking behind an inquiry into coexistence is that, if the two marks coexist in various jurisdictions, it should be an indication… [read post]
23 Jan 2014, 3:59 am by Terry Hart
The Supreme Court a few weeks ago agreed to review the Second Circuit’s decision in ABC v. [read post]
21 Jan 2014, 4:00 am by Devlin Hartline
Cross-posted on the Law Theories blog. [read post]
15 Jan 2014, 1:40 pm by Jonathan Bailey
In this case, the main decision of interest is the Cartoon Network, LP v. [read post]
13 Jan 2014, 1:52 pm by assoulineberlowe
In examining the Aereo model in connection with the Broadcaster’s initial motion for a preliminary injunction, the District Court examined the Copyright Statute in light of Cartoon Network LP, LLLP v. [read post]
18 Oct 2013, 7:41 am by Tim Sitzmann
The facts here may or may not be sufficient to show a defense based on acquiescence (See  Christian Broadcasting Network, Inc. v. [read post]
17 Oct 2013, 7:10 am by LTA-Editor
The Second Circuit reasoned Aereo was unlikely to prevail in light of the court’s earlier decision in Cartoon Network LP, LLLP v. [read post]
29 Aug 2013, 9:46 am by Terry Hart
On Tuesday, a Ninth Circuit panel heard oral arguments in a case brought by television broadcasters against internet retransmission service FilmOn X (née Aereokiller). [read post]
18 Apr 2013, 5:39 am by Terry Hart
The Second Circuit’s 2008 decision in Cartoon Network v. [read post]