Fox Broadcasting Co. V. Dish Network, LLC
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Fox Broadcasting Co. V. Dish Network, LLC
''Fox Broadcasting Co. v. Dish Network, LLC'' (C.D. Cal. January 12, 2015) is a copyright case in which the United States District Court for the Central District of California, by granting partial summary judgment, denied most parts of the copyright claims presented by Fox Broadcasting Company (Fox) against Dish Network (Dish) for its service, a DVR-like device that allowed users to record programming that could be accessed later through any Internet-connected device (Dish Anywhere). The service offered by Dish also allowed users to record any or all Fox's (and the four major broadcast networks) prime-time programs (Prime Time Any Time or PTAT) and to automatically skips commercials (AutoHop). Fox argued that Dish Network was guilty of copyright infringement and breach of contract. The district court held that Dish Anywhere did not infringe Fox's public performance right because the service only could be used by subscribers to get access to their own recordings. The recording actio ...
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United States District Court For The Central District Of California
The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, making it the most populous federal judicial district. The district was created on September 18, 1966. Cases from the Central District are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the United States government under the Tucker Act, which are appealed to the Federal Circuit). Along with the Central District of Illinois, the court is the only district court referred to by the name "Central" – all other courts with similar geographical names instead use the term "Middle." History California was admitted to the union on September 9, 1850, and was divided into two federal trial court districts - Northern and Southern - by Act of Congress on September 28, 1850, 9 Stat. ...
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Video On Demand
Video on demand (VOD) is a media distribution system that allows users to access videos without a traditional video playback device and the constraints of a typical static broadcasting schedule. In the 20th century, broadcasting in the form of over-the-air programming was the most common form of media distribution. As Internet and IPTV technologies continued to develop in the 1990s, consumers began to gravitate towards non-traditional modes of content consumption, which culminated in the arrival of VOD on televisions and personal computers. Unlike broadcast television, VOD systems initially required each user to have an Internet connection with considerable bandwidth to access each system's content. In 2000, the Fraunhofer Institute IIS developed the JPEG2000 codec, which enabled the distribution of movies via Digital Cinema Packages. This technology has since expanded its services from feature-film productions to include broadcast television programmes and has led to lower bandw ...
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Criticism Of Dish Network
Dish Network has been the subject of a number of criticisms relating to management of advertising, disclosure of fees, telemarketing, employee rights and programming disputes; a number of which resulted in lawsuits. In the early 2000s, Dish Network received criticism regarding controversial technology and carriage disputes with programming providers. Most notably, when the Hopper digital video recorder provided an easy way for viewers to watch certain programming without commercials, major networks sued Dish Network. AutoHop Dish Network's Hopper digital video recorder, announced in January 2012, led to controversy over a feature, called "AutoHop", which allows viewers to watch some programming without commercials, subject to time restrictions. AutoHop is an extension of the DVR's prime time recording capability. When activated, the feature records but hides commercials, giving viewers the option of viewing primetime programming on the four major networks commercial-free. Comme ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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Preliminary 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. Dec ...
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Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanings i ...
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American Broadcasting Cos
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soccer * Ba ...
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Sony Corp
, commonly stylized as SONY, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan. As a major technology company, it operates as one of the world's largest manufacturers of consumer and professional electronic products, the largest video game console company and the largest video game publisher. Through Sony Entertainment Inc, it is one of the largest music companies (largest music publisher and second largest record label) and the third largest film studio, making it one of the most comprehensive media companies. It is the largest technology and media conglomerate in Japan. It is also recognized as the most cash-rich Japanese company, with net cash reserves of ¥2 trillion. Sony, with its 55 percent market share in the image sensor market, is the largest manufacturer of image sensors, the second largest camera manufacturer, and is among the semiconductor sales leaders. It is the world's largest player in the premium TV market for ...
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Sega V
is a Japanese multinational video game and entertainment company headquartered in Shinagawa, Tokyo. Its international branches, Sega of America and Sega Europe, are headquartered in Irvine, California and London, respectively. Its division for the development of both arcade games and home video games, Sega Games, has existed in its current state since 2020; from 2015 to that point, the two had made up separate entities known as Sega Games and Sega Interactive Co., Ltd. Sega is a subsidiary of Sega Sammy Holdings. From 1983 until 2001, Sega also developed video game consoles. Sega was founded by American businessmen Martin Bromley and Richard Stewart as on June 3, 1960; shortly after, the company acquired the assets of its predecessor, Service Games of Japan. Five years later, the company became known as Sega Enterprises, Ltd., after acquiring Rosen Enterprises, an importer of coin-operated games. Sega developed its first coin-operated game, ''Periscope'', in 1966. Sega ...
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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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CoStar V
CoStar Group, Inc. is a Washington, DC-based provider of information, analytics and marketing services to the commercial property industry in the United States, Canada, the United Kingdom, France, Germany, and Spain. Founded in 1987 by Andrew C. Florance, the company has grown to include online database CoStar and many online marketplaces, including Apartments.com, LoopNet, Lands of America, and BizBuySell. History CoStar Group was founded in 1987 by Andrew C. Florance in Washington, D.C. It was reportedly one of the first companies that digitized and aggregated property data, before the Internet was widely available. In 1998, the company became a public company via an initial public offering on the NASDAQ, raising $22.5 million. In 2004, ''CoStar Group, Inc. v. LoopNet, Inc.'' became a landmark case in copyright law, about the role of an Internet Service Provider (ISP) in monitoring copyrighted content posted on its servers. In October 2009, the company acquired a building in ...
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Cartoon Network, LP V
A cartoon is a type of visual art that is typically drawn, frequently animated, in an unrealistic or semi-realistic style. The specific meaning has evolved over time, but the modern usage usually refers to either: an image or series of images intended for satire, caricature, or humor; or a motion picture that relies on a sequence of illustrations for its animation. Someone who creates cartoons in the first sense is called a ''cartoonist'', and in the second sense they are usually called an ''animator''. The concept originated in the Middle Ages, and first described a preparatory drawing for a piece of art, such as a painting, fresco, tapestry, or stained glass window. In the 19th century, beginning in ''Punch'' magazine in 1843, cartoon came to refer – ironically at first – to humorous artworks in magazines and newspapers. Then it also was used for political cartoons and comic strips. When the medium developed, in the early 20th century, it began to refer to animated films ...
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