· 8/4/2008
Cartoon Network LP, LLLP v. CSC Holdings, Inc.
Citations
- 536 F.3d 121
- 87 U.S.P.Q. 2d (BNA) 1641
- 36 Media L. Rep. (BNA) 2185
- 45 Communications Reg. (P&F) 989
- 2008 U.S. App. LEXIS 16458
- 2008 WL 2952614
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the statute “imposes two distinct but related requirements: . . . the ‘embodiment requirement’” and “the ‘duration requirement’”
- suggesting that an ISP’s 7 passive display of images “where all copied content was supplied by 8 the customers themselves” would fall short of the requisite volitional 9 conduct because it would be less proximate than even Cablevision’s 10 non‐infringing conduct
- considering “the volitional conduct that causes the copy [of a copyrighted work] to be made.”
- rejecting district court’s view that the Transmit Clause requires a court to consider “not the potential audience of a particular transmission, but the potential audience of the underlying work (ie., ‘the program’) whose content is being transmitted”
- to determine whether a work, is “fixed” in a medium, court must examine whether the work is “embodied” in the medium
- “[E]ach RS-DVR playback transmission is made to a single subscriber using a single unique copy produced by that subscriber”
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Sack, Livingston
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.