Law360, New York (June 14, 2011, 7:21 PM EDT) -- In a precedential ruling, the Third Circuit on Tuesday revived a copyright and defamation suit against a pair of New Jersey radio shock jocks brought by a photographer who claims the hosts posted a photo he took of them online without permission.
The appeals court ruled that a New Jersey judge essentially rewrote the Digital Millennium Copyright Act to restrict its meaning when he granted summary judgment to radio hosts Craig Carton and Ray Rossi, and Trenton-based WKXW-FM in the suit by photographer Peter Murphy.
"We would need compelling justification indeed to adopt such a statutorily unmoored interpretation," the court wrote....
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