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· 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 CourtListener

Sourced 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.