United States Ninth Circuit

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Fox Television Stations, Inv. v. Aereokiller, LLC, 15-56420

In a suit brought by a group of broadcast stations and copyright holders against an entity that operates a service that uses antennas to capture over-the-air broadcast programming, much of it copyrighted, and then uses the Internet to retransmit such programming to paying subscribers, all without the consent or authorization of the copyright holders, the district court's partial summary judgment in favor of defendants is reversed where a service that captures copyrighted works broadcast over the air, and then retransmits them to paying subscribers over the Internet without the consent of the copyright holders, is not a 'cable system' eligible for a compulsory license under the Copyright Act.

Appellate Information

  • Decided
  • Published 2017/03/21




  • United States Ninth Circuit