United States Federal Circuit

The district court's finding that defendant did not violate the anti-trafficking provisions of the Digital Millennium Copyright Act is affirmed where defendant's accused device enables only uses that copyright law explicitly authorizes, and is therefore presumptively legal.

Appellate Information

• Decided 08/31/2004
• Published 08/31/2004

Judges

• GAJARSA, Circuit Judge., Before GAJARSA, LINN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Karl R. Fink, Fitch, Even, Tabin & Flannery, of Chicago, Illinois, argued for plaintiff-appellant.   With him on the brief were John F. Flannery, Rudy I. Kratz and Michael G. Vranicar., Jonathan Band, Morrison & Foerster, LLP, of Washington, DC, for amicus curiae Computer & Communications Industry Association.   With him on the brief was Matthew Schruers., Jennifer M. Urban, Samuelson Law, Technology and Public Policy Clinic, University of California at Berkeley School of Law (Boalt Hall), of Berkeley, CA, for amicus curiae Consumers Union.   With her on the brief was Jason M. Schultz, Electronic Frontier Foundation, of San Francisco, CA.


• For Appellees:
  
• Richard de Bodo, Irell & Manella LLP, of Los Angeles, CA, argued for defendant-appellee.   With him on the brief were Andra Barmash Greene, David Nimmer, Peter Christensen and David Djavaherian, of Newport Beach, CA.