"Technological gimmickry" or a novel non-infringing use?


This article, written by Fish's Kristen McCallion, first appeared in Intellectual Property Magazine, June 2012.


The Case:

American Broadcasting Companies Inc et al v. Aereo, Inc. and WNET et al v. Aereo, Inc.

US District Court, Southern District of New York

March 1, 2012


In March, two federal copyright litigations were filed virtually simultaneously against New York based start-up company Aereo, just weeks before it was scheduled to roll out its Internet broadcasting service — a service that television networks and broadcasters allege is an unlicensed and unlawful retransmission of television programmes over the Internet in violation of US copyright law.


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