Monday, June 29, 2009

Cablevision case: cert. denied

The Supreme Court has denied the copyright holder plaintiffs' cert. petition in the Cablevision case, following the recommendation of the Solicitor General. See page 9 of the order list. "Chief Justice [Roberts] and Justice Alito took no part in the consideration or decision of this petition," I presume because they own stock in one or more of the parties. The case is officially Cable News Network, et al. v. CSC Holdings, Inc., No. 08-448.

The Supreme Court's decision leaves in place the Second Circuit's opinion holding that Cablevision's proposed "remote-storage DVR" would not violate the copyright owners' exclusive rights to copy and publicly perform their works.

Disclosure: I worked on the Cablevision case when I was an attorney at Fox.

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