BMG v. Cox: ISP Liability and the Power of Inference

As readers are likely aware, the jury verdict in BMG v. Cox was handed down on December 17th. The jury found that BMG had proved by a preponderance of the evidence that Cox’s users were direct infringers and that Cox is contributorily liable for that infringement. The interesting thing, to me at least, about these […]

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 […]

Aereo Petitioners Focus on Who Supplies the Content

Cross-posted on the Copyhype blog. The petitioners have filed their reply brief in the Aereo appeal, and I’m thrilled to see their focus on who supplies the content—a standard for differentiating cloud computing sheep from goats that I’ve been advocating (see here and here). Right out of the gate, the petitioners note that Aereo supplies […]