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American Broadcasting Companies, Inc. et al v. AEREO, Inc.

MEMORANDUM OF LAW re: 321 Order Striking Document from Record,,,, WNET Plaintiffs' and ABC Plaintiffs' Memorandum on Remand in Support of a Preliminary Injunction. Document

20 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,006 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Glover v. United States

    531 U.S. 198 (2001)   Cited 1,697 times   4 Legal Analyses
    Holding an error that increased a petitioner's sentence "by at least 6 months and perhaps by 21 months" amounted to prejudice

  3. Travelers Cas. and Sur. Co. of America v. Pacific Gas and Elec. Co.

    549 U.S. 443 (2007)   Cited 888 times   9 Legal Analyses
    Holding that proofs of claim enforceable under applicable state law are presumed to be allowed in bankruptcy “unless expressly disallowed by [ 11 U.S.C.] § 502(b)”

  4. Am. Broad. Cos. v. Aereo, Inc.

    573 U.S. 431 (2014)   Cited 79 times   20 Legal Analyses
    Holding that, despite technological complexity concerning the "behind-the-scenes" delivery of images, the defendant violated the exclusive right to "show [an audiovisual work's] images in any sequence," because "whether Aereo transmits from the same or separate copies, it ... shows the same images and makes audible the same sound"

  5. WPIX, Inc. v. ivi, Inc.

    691 F.3d 275 (2d Cir. 2012)   Cited 132 times   7 Legal Analyses
    Holding that "streaming copyrighted works without permission," including at times "earlier ... than scheduled by the programs' copyright holders or paying" licensees was likely to cause irreparable harm to copyright owners' "negotiating platform and business model"

  6. United States v. Mason

    412 U.S. 391 (1973)   Cited 74 times
    Finding that the United States had not breached its trust responsibility in the management of allotted land held in trust for a member of the Osage Tribe

  7. WNET, Thirteen v. Aero, Inc.

    712 F.3d 676 (2d Cir. 2013)   Cited 27 times   9 Legal Analyses

    Docket Nos. 12–2786–cv, 12–2807–cv. 2013-04-1 WNET, THIRTEEN, Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, WPIX, Inc., Univision Television Group, Inc., The Univision Network Limited Partnership, and Public Broadcasting Service, Plaintiffs–Counter–Defendants–Appellants, v. AEREO, INC., f/k/a Bamboom Labs, Inc., Defendant–Counter–Claimant–Appellee. American Broadcasting Companies, Inc., Disney Enterprises, Inc., CBS Broadcasting Inc., CBS Studios Inc., NBCUniversal Media

  8. WPIX, Inc. v. ivi, Inc.

    765 F. Supp. 2d 594 (S.D.N.Y. 2011)   Cited 28 times
    Explaining that allowing viewers to access programming from unsanctioned sources would inevitably damage the plaintiffs' ability to profit from sanctioned sources, and that such losses a notoriously difficult to prove and “nearly impossible to quantify”

  9. Fox Television Stations, Inc. v. BarryDriller Content Systems, PLC

    915 F. Supp. 2d 1138 (C.D. Cal. 2012)   Cited 20 times   5 Legal Analyses
    Finding irreparable harm when defendants' streaming service "compete[d] with Plaintiffs' ability to develop their own internet distribution channels"

  10. Am. Broad. Cos. v. Aereo, Inc.

    874 F. Supp. 2d 373 (S.D.N.Y. 2012)   Cited 15 times   3 Legal Analyses
    Describing the technology actually used by Aereo

  11. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,316 times   174 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  12. Section 502 - Remedies for infringement: Injunctions

    17 U.S.C. § 502   Cited 1,441 times   3 Legal Analyses
    Authorizing a court to enter a temporary injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"

  13. Section 111 - Limitations on exclusive rights: Secondary transmissions of broadcast programming by cable

    17 U.S.C. § 111   Cited 95 times   8 Legal Analyses
    Referring to "two or more cable systems . . . operating from one headend"

  14. Section 119 - Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite

    17 U.S.C. § 119   Cited 37 times   3 Legal Analyses
    Defining an "unserved household" as a household that "cannot receive, through the use of a conventional, stationary, outdoor rooftop receiving antenna, an over-the-air signal of a primary network station affiliated with that network of Grade B intensity"

  15. Section 122 - Limitations on exclusive rights: Secondary transmissions of local television programming by satellite

    17 U.S.C. § 122   Cited 10 times   2 Legal Analyses

    (a) SECONDARY TRANSMISSIONS INTO LOCAL MARKETS.- (1) SECONDARY TRANSMISSIONS OF TELEVISION BROADCAST STATIONS WITHIN A LOCAL MARKET.-A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing under this section if- (A) the secondary transmission is made by a satellite carrier to the public; (B) with regard to secondary transmissions, the satellite carrier

  16. Section 201.17 - Statements of Account covering compulsory licenses for secondary transmissions by cable systems

    37 C.F.R. § 201.17   Cited 11 times

    (a)General. This section prescribes rules pertaining to the deposit of Statements of Account and royalty fees in the Copyright Office as required by 17 U.S.C. 111(d)(1) in order for secondary transmissions of cable systems to be subject to compulsory licensing. (b)Definitions. (1)Gross receipts for the "basic service of providing secondary transmissions of primary broadcast transmitters" include the full amount of monthly (or other periodic) service fees for any and all services or tiers of services

  17. Section 76.64 - Retransmission consent

    47 C.F.R. § 76.64   Cited 9 times
    Stating that rules remain in force until January 15, 1992