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371 Copyright Act of 1976 — Transmit Clause — ABC, Inc. V. Aereo, Inc. In
Copyright Act of 1976 — Transmit Clause — ABC, Inc. v. Aereo, Inc. In the late 1940s and early 1950s, a new industry of community an- tenna television (CATV) exploded.1 By placing an antenna on top of a hill above a community and transmitting signals to subscribers’ houses via coaxial cables, CATV companies provided television to areas where hilly terrain made receiving traditional broadcast signals difficult.2 Af- ter the Supreme Court held that such systems did not violate copyright holders’ exclusive rights to public performance,3 Congress revised the copyright law in 1976 and, among other things, enacted the Transmit Clause to supersede those decisions and make such transmissions an infringement of copyright. Last Term, in ABC, Inc. v. Aereo, Inc.,4 the Supreme Court held that a company that transmitted broadcast televi- sion to users via the Internet violated the Transmit Clause, even though the user selected what content to watch, and even though each user had a dedicated antenna that produced a “personal” copy of the broadcast.5 The Court employed a functionalist approach, relying on analogical reasoning rather than analyzing the underlying technical operations of the system — the method that Justice Scalia adopted in his dissent. In doing so, the majority introduced unpredictability into the law by leaving important doctrinal questions unanswered and adopting an approach that lacks clear boundaries. Prior to the Copyright Act of 1976,6 the Court read the public per- formance right narrowly. In 1968, in Fortnightly Corp. v. United Art- ists Television, Inc.,7 the Court held that a CATV operator is more analogous to a “viewer” than a “performer,” and thus cannot face lia- bility under the Copyright Act.8 The Court affirmed Fortnightly in Teleprompter Corp. -
Memorandum to Clients June 2014
MemorandumMemorandum toto ClientsClients June 2014 News and Analysis of Recent Developments in Communications Law No. 14-06 The Supremes have spoken . now it’s the Swami’s turn. The Supreme Court’s Aereo Decision: What It Says, What It Means By Kevin M. Goldberg [email protected] 703-812-0462 [Editor’s Note: As we have reported on CommLaw- eas with which it is familiar. And it also tried hard to make Blog.com, the Supreme Court has reversed the Second Cir- sure that its decision will not disrupt what it believes it cuit in the Aereo case, giving the TV broadcasting industry knows about new media, such as cloud computing. a major victory. Yes, that’s the result that the Swami, Kevin Goldberg, had predicted. So we asked him to review Let’s take a look at Breyer’s majority opinion (which was the two opinions out of the Supremes – Justice Breyer’s joined in by Chief Justice Roberts and Associate Justices majority opinion and Justice Scalia’s dissent – and let us Kennedy, Ginsburg, Sotomayor and Kagan), and then the know what he found. Here’s his report – but note that we dissent by Scalia (writing for himself and Justices Thomas are dispensing with our routine summary of what Aereo is and Alito). Then I’ll field some questions that I’ve been fre- and how the case got to the Supremes. If you’re just getting quently asked. to the Aereo party now and don’t know the background, check out our blog’s extensive Aereo-related coverage at The Majority Opinion this link. -
Time Warner Cable Inc. and 10-Q, Quarterly Report of Time Warner Cable Inc
FILED 7-02-15 04:59 PM EXHIBITA1507009 E: Form 10-K, Annual Report of Time Warner Cable Inc. and 10-Q, Quarterly Report of Time Warner Cable Inc. TIME WARNER CABLE INC. FORM 10-K (Annual Report) Filed 02/13/15 for the Period Ending 12/31/14 Address 60 COLUMBUS CIRCLE, 17TH FLOOR NEW YORK, NY 10023 Telephone 212-364-8200 CIK 0001377013 Symbol TWC SIC Code 4841 - Cable and Other Pay Television Services Industry Broadcasting & Cable TV Sector Services Fiscal Year 12/31 http://www.edgar-online.com © Copyright 2015, EDGAR Online, Inc. All Rights Reserved. Distribution and use of this document restricted under EDGAR Online, Inc. Terms of Use. Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Form 10-K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2014 Commission file number 001-33335 TIME WARNER CABLE INC. (Exact name of registrant as specified in its charter) Delaware 84-1496755 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 60 Columbus Circle New York, New York 10023 (Address of principal executive offices) (Zip Code) (212) 364-8200 (Registrant’s telephone number, including area code) Securities registered pursuant to Section 12(b) of the Act: Name of each exchange on which Title of each class registered Common Stock, par value $0.01 New York Stock Exchange 5.750% Notes due 2031 New York Stock Exchange 5.250% Notes due 2042 New York Stock Exchange Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. -
Preliminary Injunction, Plaintiff Nexstar
ase 2:13-cv-00910-DAK Document 87 Filed 02/19/14 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION COMMUNITY TELEVISION OF UTAH, LLC dba KSTU FOX 13, KUTV LICENSEE, LLC dba KMYU and MEMORANDUM DECISION AND KUTV, and FOX BROADCASTING ORDER GRANTING PRELIMINARY COMPANY, INJUNCTION AND STAY Plaintiffs, Consolidated Case No. 2:13CV910DAK vs. Judge Dale A. Kimball AEREO, INC., Defendant. ____________________________________ NEXSTAR BROADCASTING COMPANY, Plaintiff, vs. AEREO, INC., Defendant. This matter is before the court on Plaintiffs Community Television of Utah, LLC, KUTV Licensee, and Fox Broadcasting Company’s Motion for Preliminary Injunction, Plaintiff Nexstar Broadcasting, Inc.’s Motion for Preliminary Injunction, Defendant Aereo, Inc.’s Motion to Stay Proceedings Pending the Supreme Court’s decision in ABC v. Aereo, and Defendant Aereo’s Motion to Transfer. The court held a hearing on Aereo’s Motion to Stay on February 7, 2014, ase 2:13-cv-00910-DAK Document 87 Filed 02/19/14 Page 2 of 26 and a hearing on Plaintiffs Motions for Preliminary Injunction on February 11, 2014.1 At the hearings, Plaintiffs Community Television of Utah, LLC, KUTV Licensee, and Fox Broadcasting Company were represented by Brent O. Hatch, Shaundra L. McNeil, and Richard L. Stone, Plaintiff Nexstar Broadcasting, Inc. was represented by Rodney R. Parker and John C. Ulin, and Defendant Aereo was represented by Daralyn J. Durie, Joseph C. Gratz, Jess M. Krannich, and Timothy Considine. After carefully considering the parties’ arguments, as well as the law and facts relevant to the motions, the court enters the following Memorandum Decision and Order FACTUAL BACKGROUND2 Plaintiffs are a collection of local and national broadcast television companies who have brought the present lawsuit against Aereo for copyright infringement. -
Court Battles Continue Over Hopper, Aereo
Court Battles Continue over Hopper, Aereo 10.24.2013 Broadcasters continue to wage legal warfare to stop the oncoming technology tide, with battles heating up on two fronts: Dish Network's Hopper and IAC-backed Aereo. Fox is working to get the courts to take legal action against Dish Network's Hopper with Sling, which is a set-top box with both ad-skipping and place-shifting technology built in. On Wednesday, Fox filed a notice of appeal to California's Ninth Circuit Court of Appeals after U.S. District Judge Dolly Gee last month denied Fox the injunction it was seeking. Fox is seeking an "en banc" hearing in front of a full panel of judges. It's not Fox's first appearance in front of the court on the issue, although earlier requests applied to different iterations of the service. Similarly, last month U.S. District Judge Laura Taylor Swain in New York denied ABC's motion for a preliminary injunction against Dish' AutoHop, a separate set-top box that skips ads but doesn't "sling" TV programming to smart phones and tablets. Meanwhile, Aereo defended itself in Salt Lake City where broadcasters are working to stop the roll-out of its service, which streams broadcast signals to subscribers over the Internet for $10 a month. Broadcasters argue that Aereo is infringing their copyrights by "publicly performing" shows without permission, while Aereo says what it's doing is perfectly legal. "A consumer who tunes an individual antenna to access a program, makes an individual copy of a broadcast television program, and then watches that program, does not violate the copyright laws," Aereo argues in the Utah case. -
Utility Name Corp ID Address Contact Name / Title
P.07-07-009 R.___ ALJ/SRT/avs UTILITY AND CONTACT SYSTEM DRAFT TELCO DIVISION LISTING - PRIMARY CONTACTS - BY UTILITY NAME FOR UTILITY TYPE = CLC As of: November 2, 2007 Corp Utility Name ID Address Contact Name / Title - Type Phone 360NETWORKS (USA), INC. 6028 867 COAL CREEK CIRCLE, SUITE 160 FORST, CHARLES (303) 854-5210 LOUISVILLE, CO 80027 REGULATORY CONTACT -P A+ WIRELESS, INC 6758 5700 MOON DRIVE CONTACT, REGULATORY (805) 642-5917 VENTURA, CA 93003 -P A.R.C. NETWORKS, INC. 5686 39 BROADWAY, 19TH FLOOR VAITKUS, TADAS (212) 404-5049 NEW YORK, NY 10006 REGULATORY CONTACT -P ACCESS ONE, INC. 6104 820 W. JACKSON BLVD, SUITE 650 MITCHELL, MITCH (312) 441-9903 CHICAGO, IL 60607 REGULATORY CONTACT -P ACCUTEL OF TEXAS, INC. 6688 7900 JOHN CARPENTER FREEWAY MORRIS, KIT (214) 630-6700 DALLAS, TX 75247 REGULATORY CONSULTANT -P ACN COMMUNICATIONS SERVICES, 6342 32991 HAMILTON COURT LEZOTTE, LISA (248) 699-3314 INC FARMINGTON HILLS, MI 48334 LEGAL ASSISTANT -P ADVANCED INTEGRATED 6863 9855 W. 78TH STREET, SUITE 300 LOHRENZ, GREG (952) 224-0172 TECHNOLOGIES, INC. EDEN PRAIRIE, MN 55344 PRESIDENT -P ADVANCED TELCOM, INC. 6083 463 AVIATION BLVD, STE 120 OLDERBAK, SYDNEY (707) 284-5189 SANTA ROSA, CA 95403 STAFF ACCOUNTANT -P AIRESPRING, INC. 6692 6060 SEPULVEDA BLVD, SUITE 220 FIRSTMAN, CYNTHIA (818) 786-8990 VAN NUYS, CA 91411-2512 CONTROLLER -P APEX TELECOM, INC. 6530 113 10TH STREET WONG, C. HONG (510) 251-2771 OAKLAND, CA 94607 CHIEF EXECUTIVE OFFICER -P Page 1 P.07-07-009 R.___ ALJ/SRT/avs UTILITY AND CONTACT SYSTEM DRAFT TELCO DIVISION LISTING - PRIMARY CONTACTS - BY UTILITY NAME FOR UTILITY TYPE = CLC As of: November 2, 2007 Corp Utility Name ID Address Contact Name / Title - Type Phone ARRIVAL COMMUNICATIONS, INC. -
Television a La Carte: American Broadcasting Cos
THIS VERSION DOES NOT CONTAIN PAGE NUMBERS. PLEASE CONSULT THE PRINT OR ONLINE DATABASE VERSIONS FOR THE PROPER CITATION INFORMATION. NOTE TELEVISION A LA CARTE: AMERICAN BROADCASTING COS. V. AEREO AND HOW FEDERAL COURTS’ INTERPRETATIONS OF COPYRIGHT LAW ARE IMPACTING THE FUTURE OF THE MEDIUM Andrew Fraser I. INTRODUCTION Somewhere in Brooklyn, a large warehouse holds a bundle of over one thousand rabbit-ear antennas.1 In many ways these antennas resemble the ones that rested on top of generations of older television sets before the advent of cable, except for one small fact—these rabbit-ear antennas are each roughly the size of a dime.2 It is ironic that this ancient, seemingly outdated piece of television technology might signal the medium’s newest direction, but with Aereo at the helm, this may actually be the case. Aereo is a technology platform currently available exclusively in New York City that airs live broadcast television through the Internet to a subscriber’s mobile device, computer, or web-enabled television.3 When an Aereo subscriber wishes to watch a broadcast, he or she instructs an assigned Aereo antenna to capture signals from the public airwaves and to transmit them over the Internet to the subscriber’s mobile device.4 No two subscribers ever use the same antenna at the same time, and Aereo also offers DVR recording technology, so subscribers can watch shows live or recorded.5 With this incredible merging of both old and new technology, Aereo could have an enormous impact on the way consumers watch television, assuming that it can first survive what promise to be some intense legal challenges. -
7521821181.Pdf
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Comcast Corporation, Time Warner Cable Inc., ) MB Docket No. 14-57 Charter Communications, Inc., And Spinco To ) Assign And Transfer Control Of FCC Licenses ) And Other Authorizations ) COMMENTS OF RFD-TV Patrick Gottsch RFD-TV c/o Rural Media Group, Inc. 9500 West Dodge Road Suite 101 Omaha, NE 68114 (402) 991-6290 August 25, 2014 TABLE OF CONTENTS Page I. INTRODUCTION ......................................................................................................1 II. BACKGROUND .........................................................................................................2 III. THE FCC SHOULD ENSURE THAT A POST-MERGER COMCAST DOES NOT DISCRIMINATE AGAINST RFD-TV'S INDEPENDENT RURAL PROGRAMMING.......................................................................................4 IV. RFD-TV VIEWERS STRONGLY SUPPORT REINSTATING AND EXPANDING CARRIAGE OF RFD-TV POST-MERGER ............................... 11 V. PROPOSED MERGER CONDITIONS .................................................................12 VI. CONCLUSION. ........................................................................................................14 i Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Comcast Corporation, Time Warner Cable Inc., ) MB Docket No. 14-57 Charter Communications, Inc., And Spinco To ) Assign And Transfer Control Of FCC Licenses ) And Other Authorizations ) COMMENTS OF RFD-TV I. INTRODUCTION On April -
Website News Netflix Will Support Charter
Filed by Charter Communications, Inc. Pursuant to Rule 425 under the Securities Act of 1933 and deemed filed pursuant to Rule 14a-12 under the Securities Act of 1934 Subject Company: Time Warner Cable Inc. Commission File No. 001-33335 The following is information made available online in the Charter Resource Center on Charter’s website. WEBSITE NEWS NETFLIX WILL SUPPORT CHARTER ACQUISITION OF TIME WARNER CABLE Originally appeared in Bloomberg By: Alex Sherman July 15, 2015 Netflix Inc. said it will support Charter Communications Inc.’s $55 billion acquisition of Time Warner Cable Inc. in return for settlement-free “peering” until 2018, according to filings the companies sent to the Federal Communications Commission Tuesday. Charter filed a document with the FCC stating that it won’t charge any website to deliver its content more efficiently until at least Dec. 31, 2018. Netflix filed a separate document committing to supporting Charter’s deal for Time Warner Cable announced in May. Netflix opposed Comcast Corp.’s failed bid for Time Warner Cable after reluctantly agreeing last year to pay Comcast for faster access. Click here for more: [http://www.bloomberg.com/news/articles/2015-07-15/netflix-will-support-charter-acquisition-of-time-warner- cable] Posted on July 15, 2015 in News ### WHY NETFLIX IS GETTING BEHIND A HUGE CABLE MERGER Originally appeared in Washington Post By: Brian Fung July 15, 2015 This is huge. Charter just attracted a really important ally in its attempt to purchase Time Warner Cable, making it that much more likely that federal regulators will approve the $55 billion mega-deal. -
Downloading of Movies, Television Shows and Other Video Programming, Some of Which Charge a Nominal Or No Fee for Access
Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE FISCAL YEAR ENDED DECEMBER 31, 2011 OR ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM TO Commission file number 001-32871 COMCAST CORPORATION (Exact name of registrant as specified in its charter) PENNSYLVANIA 27-0000798 (State or other jurisdiction of (I.R.S. Employer Identification No.) incorporation or organization) One Comcast Center, Philadelphia, PA 19103-2838 (Address of principal executive offices) (Zip Code) Registrant’s telephone number, including area code: (215) 286-1700 SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT: Title of Each Class Name of Each Exchange on which Registered Class A Common Stock, $0.01 par value NASDAQ Global Select Market Class A Special Common Stock, $0.01 par value NASDAQ Global Select Market 2.0% Exchangeable Subordinated Debentures due 2029 New York Stock Exchange 5.50% Notes due 2029 New York Stock Exchange 6.625% Notes due 2056 New York Stock Exchange 7.00% Notes due 2055 New York Stock Exchange 8.375% Guaranteed Notes due 2013 New York Stock Exchange 9.455% Guaranteed Notes due 2022 New York Stock Exchange SECURITIES REGISTERED PURSUANT TO SECTION 12(g) OF THE ACT: NONE Indicate by check mark if the Registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ☒ No ☐ Indicate by check mark if the Registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. -
Website News
Filed by Charter Communications, Inc. Pursuant to Rule 425 under the Securities Act of 1933 and deemed filed pursuant to Rule 14a-12 under the Securities Act of 1934 Subject Company: Time Warner Cable Inc. Commission File No. 001-33335 The following is information made available online in the Charter Resource Center on Charter’s website. Website News NETFLIX SUPPORTS CHARTER TAKEOVER OF TIME WARNER CABLE Originally appeared in bizjournals.com By: Angela Mueller July 17, 2015 Charter Communications Inc. (NASDAQ:CHTR) has won the backing of Netflix as it seeks regulatory approval of its pending acquisition of Time Warner Cable Inc. (NYSE:TWC), a deal that would merge two of the largest cable companies in the U.S. Netflix Inc. (NASDAQ:NFLX) said in filings with the Federal Communications Commission that it will support Charter's planned acquisition of Time Warner Cable and Bright House Networks in exchange for access to Charter's customers, Bloomberg reports. Charter has announced a new "peering" policy through which it will not charge any website for faster Internet access, a pledge that is important for video-streaming services such as Netflix. In light of the new policy, Netflix has said it will support Charter's acquisition of Time Warner Cable. Netflix opposed Comcast Corp.'s (NASDAQ:CMCSA) previous failed attempt to takeover Time Warner Cable and had been seen by analysts as a potential threat to Charter's deal. Gaining the support of Netflix, a major customer of Charter and Time Warner Cable, could help Charter in its bid to win regulatory approval for its planned acquisition, The Wall Street Journal reports. -
Watching TV Is Free and Easy with Under-The-Radar Locast
Watching TV is free and easy with under-the- radar Locast 28 January 2019, by Tali Arbel and it's available on more gadgets than you'd get with just a TV antenna. For those who don't have a TV, it's one of the easiest ways to watch over-the- air stations for free. HOW IT WORKS Locast makes local stations available for free, in real time, online. You can watch on its website, locast.org, or on apps for iPhones and Android phones. A Roku app or sharing from your phone with Chromecast or Apple's AirPlay lets you stream to the TV. In New York, I get stations for ABC, CBS, Fox, The Locast website is displayed on a computer screen, NBC, CW, PBS, Univision, Telemundo, Ion and a Monday, Jan. 28, 2019 in New York. A nonprofit called handful of others. Cable channels like ESPN, MTV, Locast, available in seven major U.S. cities, beams Bravo and Fox News are not available free on the popular networks to phones, TVs and computers. It's like the online version of a TV antenna, free and easy to use. public airwaves. You generally have to pay for (AP Photo/Mark Lennihan) them. You can start watching as soon as you let Locast know your location and sign in with your email or You canceled cable long ago. Your TV antenna Facebook account. A basic TV guide tells you has trash reception for ABC. But you want to host what's on now and the next six days.