No Lemonade For Aereo’s Lemons

Over at the Volokh Conspiracy blog, Professor David Post laments “our incoherent copyright law.” His case in point: The opinion and order issued last week by District Judge Alison J. Nathan granting a preliminary injunction against Aereo.1 Professor Post claims that “the Copyright Act is an incoherent mess” since, in his opinion, Judge Nathan held […]

MP3tunes and the Ghost of Cablevision

On September 29th, District Judge William H. Pauley, III, issued his memorandum and order in Capitol Records v. MP3tunes,1 as many have reported. However, as I read the decision, I’m surprised at Judge Pauley’s holding that certain parts of Cablevision are still good law after the Supreme Court’s opinion in Aereo. Specifically, Judge Pauley distinguished […]

The Various Views of Volitional Conduct

On July 15th of this year, the Copyright Office sought “further comments on the state of U.S. law recognizing and protecting ‘making available’ and ‘communication to the public’ rights for copyright holders.” The Office had solicited similar comments this past February, and a total of twenty-seven replies were filed at the time. After the Supreme […]

Applying Aereo: Aereo’s Time-Shifted Transmissions

This is the third post in my “Applying Aereo” series. In the first post, I walked through the Supreme Court’s holding that Aereo performs publicly with its near-simultaneous transmissions. In the second post, I applied that holding to the public performance issue in the Fox v. Dish litigation over Dish’s Hopper with Sling. In this […]