5 Issues In Fox Broadcasting V. Dish Network

Law360, New York (January 9, 2013, 12:10 PM EST) -- In an important decision involving video recording and commercials-skipping, the U. S. District Court for the Central District of California held that Dish Network's service, which allows the wholesale copying of prime-time network broadcasts, was not likely to be found to infringe Fox Broadcasting Company's copyrights because it was consumers, not Dish, who engaged in the copying, and that consumers' copying constituted fair use. Fox Broadcasting Company, Inc. v. Dish Network LLC, No. 12-04529 (C.D. Cal. Nov. 7, 2012) (Order re Plaintiffs' Mot. for Prel. Inj. [Redacted Ver.]). The ruling was consistent with a substantial line of cases exculpating the providers of technology from copyright liability for copying, based on the volition-causation doctrine....

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