Cartoon Network, LP V. CSC Holdings, Inc.
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Cartoon Network, LP V. CSC Holdings, Inc.
''Cartoon Network, LP v. CSC Holdings, Inc.'', 536 F.3d 121 (2nd Cir., 2008),Cartoon Network, LP v. CSC Holdings, Inc.'', 536 F.3d 121 (2d Cir. 2008). was a United States Court of Appeals for the Second Circuit decision regarding copyright infringement in the context of DVR (digital video recorder) systems operated by cable television service providers. It is notable for partially overturning the Ninth Circuit precedent ''MAI Systems Corp. v. Peak Computer, Inc.'', regarding whether a momentary data stream is a "copy" per copyright law.''MAI Systems Corp. v. Peak Computer, Inc.''991 F. 2d 511(9th Cir,, 1993). In this case, Cablevision, a cable television provider, sought to implement a DVR service for its subscribers, allowing them to create copies of programs to be replayed at a later time. A consortium of copyright holders in the television and film industries sued for direct copyright infringement on the grounds of unlawful copying and public performance. The Second Circuit ru ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ...
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American Broadcasting Company
The American Broadcasting Company (ABC) is an American commercial broadcast television network. It is the flagship property of the ABC Entertainment Group division of The Walt Disney Company. The network is headquartered in Burbank, California, on Riverside Drive, directly across the street from Walt Disney Studios and adjacent to the Roy E. Disney Animation Building. The network's secondary offices, and headquarters of its news division, are in New York City, at its broadcast center at 77 West 66th Street on the Upper West Side of Manhattan. Since 2007, when ABC Radio (also known as Cumulus Media Networks) was sold to Citadel Broadcasting, ABC has reduced its broadcasting operations almost exclusively to television. It is the fifth-oldest major broadcasting network in the world and the youngest of the American Big Three television networks. The network is sometimes referred to as the Alphabet Network, as its initialism also represents the first three letters of the ...
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Time Shifting
In broadcasting, time shifting is the recording of programming to a storage medium to be viewed or listened to after the live broadcasting. Typically, this refers to TV programming but it can also refer to radio shows via podcasts. In recent years, the advent of the digital video recorder (DVR) has made time shifting easier, by using an electronic program guide (EPG) and recording shows onto a hard disk. Some DVRs have other possible time-shifting methods, such as being able to start watching the recorded show from the beginning even if the recording is not yet complete. In the past, time shifting was done with a video cassette recorder (VCR) and its timer function, in which the VCR tunes into the appropriate station and records the show onto video tape. Certain broadcasters transmit timeshifted versions of their channels, usually carrying programming from one hour in the past, to enable those without recording abilities to resolve conflicts and those with recording abilities more ...
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Religious Technology Center V
Religion is usually defined as a social-cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, transcendental, and spiritual elements; however, there is no scholarly consensus over what precisely constitutes a religion. Different religions may or may not contain various elements ranging from the divine, sacred things, faith,Tillich, P. (1957) ''Dynamics of faith''. Harper Perennial; (p. 1). a supernatural being or supernatural beings or "some sort of ultimacy and transcendence that will provide norms and power for the rest of life". Religious practices may include rituals, sermons, commemoration or veneration (of deities or saints), sacrifices, festivals, feasts, trances, initiations, funerary services, matrimonial services, meditation, prayer, music, art, dance, public service, or other aspects of human culture. Religions have sa ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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Copyright Act Of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act was designed in part to address intellectual property questions raised by these new forms of communication. Aside ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Digital Copy
A digital copy is a commercially distributed computer file containing a media product such as a film or music album. The term contrasts this computer file with the physical copy (typically a DVD, Blu-ray, Blu-ray 3D, or Ultra HD Blu-ray disc) with which the digital copy is usually offered as part of a bundle. It allows the disc's purchaser to acquire a single copy of the film on digital device such as a personal computer, smartphone, tablet computer, or digital media player, and view it on those devices without requiring access to the physical media. "Digital copy" is also commonly referred to as "Digital HD" (where it is referencing a high-definition or UHD digital copy). Features There are three types of a digital copy. The first is a copy made in advance and included on the disc. The second is created dynamically from the DVD content itself. In both scenarios the publisher decides which content, formats, digital rights management (DRM) systems and technical parameters are us ...
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De Minimis
''De minimis'' is a Latin expression meaning "pertaining to minimal things", normally in the terms ''de minimis non curat praetor'' ("The praetor does not concern himself with trifles") or ''de minimis non curat lex'' ("The law does not concern itself with trifles"), a legal doctrine by which a court refuses to consider trifling matters. Queen Christina of Sweden (r. 1633–1654) favoured the similar Latin adage, ''aquila non capit muscās'' (the eagle does not catch flies). The legal history of ''de minimis'' dates back to the 15th century. The general term has come to have a variety of specialised meanings in various contexts as shown below, which indicate that beneath a certain low level a quantity is regarded as trivial, and treated commensurately. Examples of application of the ''de minimis'' rule Taxation Under U.S. tax rules, the ''de minimis'' rule governs the treatment of small amounts of market discount. Under the rule, if a bond is purchased with a small a ...
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Data Buffer
In computer science, a data buffer (or just buffer) is a region of a memory used to temporarily store data while it is being moved from one place to another. Typically, the data is stored in a buffer as it is retrieved from an input device (such as a microphone) or just before it is sent to an output device (such as speakers). However, a buffer may be used when moving data between processes within a computer. This is comparable to buffers in telecommunication. Buffers can be implemented in a fixed memory location in hardware—or by using a virtual data buffer in software, pointing at a location in the physical memory. In all cases, the data stored in a data buffer are stored on a physical storage medium. A majority of buffers are implemented in software, which typically use the faster RAM to store temporary data, due to the much faster access time compared with hard disk drives. Buffers are typically used when there is a difference between the rate at which data is received and t ...
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United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York State. Two of these are in New York City: Manhattan, New York (Manhattan) and The Bronx, Bronx; six are in Downstate: Westchester County, New York, Westchester, Putnam County, New York, Putnam, Rockland County, New York, Rockland, Orange County, New York, Orange, Dutchess County, New York, Dutchess, and Sullivan County, New York, Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active an ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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