Oral argument in broadcasters’ latest attempt to get a nationwide preliminary injunction against streaming TV service Aereo is Oct. 15, said an order issued in U.S District Court in Manhattan Tuesday. The broadcaster request for a preliminary injunction while the case against Aereo is tried on the merits is the same one that led to the ABC v. Aereo U.S. Supreme Court decision in broadcasters’ favor in June (CD June 26 p1). Aereo has argued that the ABC v. Aereo majority opinion classified it as identical to a cable system, entitling it to a compulsory copyright license (CD July 11 p10). “Aereo has paid the statutory license fees required under [Copyright Act] Section 111, and thus Plaintiffs can no longer complain that they are not being compensated as copyright owners,” said Aereo Friday in an opposition filing to the injunction motion. “Aereo is entitled to a compulsory license under the Copyright Act, and no preliminary injunction should issue on remand.” Aereo pointed to statements from CBS CEO Les Moonves that Aereo hadn’t affected CBS retransmission consent negotiations as evidence that the requested injunction wouldn’t be preventing any harm to broadcast businesses. The injunction request is also “overbroad” in targeting both Aereo’s offerings of real-time and time-shifted viewings of retransmitted broadcast content, Aereo said. Since the Supreme Court’s Aereo ruling didn’t overturn the Cablevision decision that provides the legal underpinning for Cablevision’s remote DVR technology, the injunction shouldn’t include Aereo’s time-shifted offerings, Aereo said. “Cablevision remains the law in this Circuit and Aereo’s time-shifted DVR is functionally identical to the Cablevision system."
Oral argument in broadcasters’ latest attempt to get a nationwide preliminary injunction against streaming TV service Aereo is Oct. 15, said an order issued in U.S District Court in Manhattan Tuesday. The broadcaster request for a preliminary injunction while the case against Aereo is tried on the merits is the same one that led to the ABC v. Aereo U.S. Supreme Court decision in broadcasters’ favor in June (WID June 26 p1). Aereo has argued that the ABC v. Aereo majority opinion classified it as identical to a cable system, entitling it to a compulsory copyright license (WID July 11 p5). “Aereo has paid the statutory license fees required under [Copyright Act] Section 111, and thus Plaintiffs can no longer complain that they are not being compensated as copyright owners,” said Aereo Friday in an opposition filing to the injunction motion. “Aereo is entitled to a compulsory license under the Copyright Act, and no preliminary injunction should issue on remand.” Aereo pointed to statements from CBS CEO Les Moonves that Aereo hadn’t affected CBS retransmission consent negotiations as evidence that the requested injunction wouldn’t be preventing any harm to broadcast businesses. The injunction request is also “overbroad” in targeting both Aereo’s offerings of real-time and time-shifted viewings of retransmitted broadcast content, Aereo said. Since the Supreme Court’s Aereo ruling didn’t overturn the Cablevision decision that provides the legal underpinning for Cablevision’s remote DVR technology, the injunction shouldn’t include Aereo’s time-shifted offerings, Aereo said. “Cablevision remains the law in this Circuit and Aereo’s time-shifted DVR is functionally identical to the Cablevision system."
Oral argument in broadcasters’ latest attempt to get a nationwide preliminary injunction against streaming TV service Aereo is Oct. 15, said an order issued in U.S District Court in Manhattan Tuesday. The broadcaster request for a preliminary injunction while the case against Aereo is tried on the merits is the same one that led to the ABC v. Aereo U.S. Supreme Court decision in broadcasters’ favor in June . Aereo has argued that the ABC v. Aereo majority opinion classified it as identical to a cable system, entitling it to a compulsory copyright license. “Aereo has paid the statutory license fees required under [Copyright Act] Section 111, and thus Plaintiffs can no longer complain that they are not being compensated as copyright owners,” said Aereo Friday in an opposition filing to the injunction motion. “Aereo is entitled to a compulsory license under the Copyright Act, and no preliminary injunction should issue on remand.” Aereo pointed to statements from CBS CEO Les Moonves that Aereo hadn’t affected CBS retransmission consent negotiations as evidence that the requested injunction wouldn’t be preventing any harm to broadcast businesses. The injunction request is also “overbroad” in targeting both Aereo’s offerings of real-time and time-shifted viewings of retransmitted broadcast content, Aereo said. Since the Supreme Court’s Aereo ruling didn’t overturn the Cablevision decision that provides the legal underpinning for Cablevision’s remote DVR technology, the injunction shouldn’t include Aereo’s time-shifted offerings, Aereo said. “Cablevision remains the law in this Circuit and Aereo’s time-shifted DVR is functionally identical to the Cablevision system."
The Commerce Department will require cash deposits of antidumping duties on alloy steel wire rod from China, after finding dumping by Chinese exporters in a preliminary determination announced Sept. 2 in a fact sheet. The agency calculated AD duty cash deposit rates of 106.19%-110.25%. Commerce found "critical circumstances" in that some Chinese exporters increased exports of subject merchandise before the preliminary determination in an attempt to get as much product in as possible before duties were imposed, so Commerce will make suspension of liquidation and AD duty cash deposit requirements retroactive 90 days for all exporters except Hunan Valin, Shagang, and Rizhao. Suspension of liquidation and cash deposit requirements for Hunan Valin, Shagang, and Rizhao will take effect upon publication of Commerce’s preliminary determination in the Federal Register. ITT will have more details upon publication.
The International Trade Commission published notices in the Sept. 2 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The Commerce Department published notices in the Sept. 2 Federal Register on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
The Commerce Department issued the final results of its countervailing duty administrative review on oil country tubular goods from China (C-570-9944). The agency calculated new rates for two Chinese exporters: Wuxi and Jiangsu Chengde. These final results will be used to set final assessments of CV duties on importers for entries between Jan. 1, 2012 and Dec. 31, 2012. New CV duty cash deposit rates set in this review will take effect Sept. 3.
The Commerce Department issued the final results of the antidumping duty administrative review on polyethylene retail carrier bags from Thailand (A-549-821). The agency set rates for six companies, and will use these rates to set final assessments of AD duties on importers for entries between Feb. 1, 2012 and Jan. 31, 2013. New AD duty cash deposit rates set in this review will take effect Sept. 2..
A countervailing duty cash deposit requirement will take effect Sept. 2 for imports of sugar from Mexico (C-201-846), as the Commerce Department found illegal subsidization of Mexican producers in its preliminary determination. Rates range from 2.99% to 17.01%.
The Commerce Department issued the final results of the antidumping duty administrative review and a concurrent new shipper review on wooden bedroom furniture from China (A-570-870). The agency determined that most companies subject to this review didn't demonstrate independence from Chinese government control, and assigned them the high China-wide rate. Commerce only calculated new rates for the Tony House Group and new shipper Dongguan Chengcheng. The new rates will be used to set assessments of AD duties for entries of hangers from China between January 2012 and December 2012.