Aereo’s decision not to oppose broadcasters’ attempt to seek review by the U.S. Supreme Court of their case against the streaming TV service increases the possibility that the court will review the case, said Stifel Nicolaus analysts. Broadcasters filed a cert petition asking the high court to overturn a 2nd U.S. Circuit Court of Appeals decision that rejected a preliminary injunction against Aereo (WID Oct 15 p6). “We believe the justices are generally reluctant to review appeals of preliminary injunction decisions and so far there is no circuit split, which can invite high court review,” Stifel said in a research note (http://bit.ly/1jY0Hnl). This may change if the 9th U.S. Circuit Court of Appeals soon upholds a district court decision to grant broadcasters a preliminary injunction against FilmOn X, an Aereo-like service, said the analysts. These actions could spur retransmission consent changes next year, they said. If the broadcasters don’t shoot down Aereo’s service in court, “they could start to push hard for Congress to write new legislation to ensure they receive Internet video provider payments for their programming,” they said. The “largely-unaddressed ‘copying’ element of broadcasters’ lawsuit makes this case too early-stage for Supreme Court review,” said Guggenheim Partners analyst Paul Gallant. The courts have barely begun addressing broadcasters’ argument that Aereo’s system makes unlawful copies of broadcasters’ shows, he said in a research note. If the Supreme Court is going to rule on Aereo next year, “it probably needs to announce by January that it will hear the case,” he said. If broadcasters win, the Aereo threat is extinguished, he said. “If broadcasters lose, they can seek legislative change by Congress, where they would likely have the upper hand.” FilmOn X asked the 9th Circuit to overturn a preliminary injunction against it (WID Aug 29 p7). A similar appeal in the U.S. Court of Appeals for the D.C. Circuit also is pending (WID Sept 13 p7). Public Knowledge, Electronic Frontier Foundation and Engine Advocacy urged the U.S. Court of Appeals for the D.C. Circuit to overturn a decision by the U.S. District Court in Washington. The law doesn’t grant copyright holders complete control over the distribution and quality of their works, they said in a friend-of-the-court brief (http://bit.ly/1dxK5hx). “Fair use allows the public to make copies of varying quality in many circumstances, including home recordings of TV programs.” The existence of a service like FilmOn X “does not appreciably increase the risk of a broadcast program being redistributed illegally on the Internet by third parties,” it said. In a separate brief, the Computer & Communications Industry Association, Center for Democracy and Technology and other groups asked the court to approach the case in a way that preserves the holding and principles of the Cablevision case, during which an appeals court found that Cablevision doesn’t infringe copyright by launching a DVR service. The court should avoid any legal theories “that would cast a pall over wide swaths of the modern technological landscape, including the burgeoning cloud computing industry,” they said. CTIA, USTelecom and the Internet Infrastructure Coalition filed along with CCIA and CDT. The groups aren’t taking a stance on either party, they said.
The National Institute of Standards and Technology-facilitated Cybersecurity Framework, as currently constructed, “will not stop attacks by advanced threat actors using sophisticated tactics such as exploiting previously unknown vulnerabilities (zero-day attacks) or using never seen before malware,” said Rep. Mike Honda, D-Calif., in comments filed with NIST last week. NIST had solicited public input on the preliminary version of the framework, which the agency released in late October (CD Oct 23 p1). That feedback will aid the agency and industry partners as they ready a final version of the framework for release in February. Comments were due Friday.
The National Institute of Standards and Technology-facilitated Cybersecurity Framework, as currently constructed, “will not stop attacks by advanced threat actors using sophisticated tactics such as exploiting previously unknown vulnerabilities (zero-day attacks) or using never seen before malware,” said Rep. Mike Honda, D-Calif., in comments filed with NIST last week. NIST had solicited public input on the preliminary version of the framework, which the agency released in late October (WID Oct 23 p2). That feedback will aid the agency and industry partners as they ready a final version of the framework for release in February. Comments were due Friday.
The Commerce Spectrum Management Advisory Committee’s work on spectrum sharing in the 1695-1710 MHz and 1755-1850 MHz bands was a long, sometimes painful process, but yielded some good results, members of CSMAC and the industry working groups said during a lessons-learned meeting Friday. The process led to what is expected to be the eventual opening of the 1755-1780 MHz band for commercial use, a band long targeted by wireless carriers. Sharing, as opposed to exclusive use, has been a top focus of the Obama administration (CD June 17 p1).
The PS4’s U.S. sales beat the Xbox One’s during November, the launch month for each videogame console, according to NPD’s latest monthly sales data. More than 909,100 Xbox Ones were sold in the U.S. last month, Microsoft said, citing NPD’s data. Sony Computer Entertainment America (SCEA) didn’t say Friday how many PS4s were sold in the U.S. last month and NPD stopped providing reporters with sales data for each console.
Aereo won’t oppose broadcasters’ attempt to bring their case against the streaming TV service to the U.S. Supreme Court, the company said in a response Wednesday to the broadcasters’ petition for cert. “While the law is clear and the Second Circuit Court of Appeals and two different federal courts have ruled in favor of Aereo, broadcasters appear determined to keep litigating the same issues against Aereo in every jurisdiction that we enter,” said Aereo CEO Chet Kanojia in a released statement. “We want this resolved on the merits rather than through a wasteful war of attrition.” Cert petitions that are supported by both sides aren’t uncommon at the Supreme Court, said Fletcher Heald appellate attorney Harry Cole, who’s not connected to the case. Cole said it’s not clear that Aereo’s lack of opposition would make the case more attractive to Supreme Court justices. “The trouble is you never know how that’s going to go,” he said. The broadcasters’ cert petition asked the Supreme Court to overturn the decision of the 2nd U.S. Circuit Court of Appeals not to grant a preliminary injunction against Aereo to protect the “viability of over-the-air broadcast television” (CD Oct 15 p15).
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website Dec. 12, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at addcvd.cbp.gov. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)
Aereo won’t oppose broadcasters’ attempt to bring their case against the streaming TV service to the U.S. Supreme Court, the company said in a response Wednesday to the broadcasters’ petition for cert. “While the law is clear and the Second Circuit Court of Appeals and two different federal courts have ruled in favor of Aereo, broadcasters appear determined to keep litigating the same issues against Aereo in every jurisdiction that we enter,” said Aereo CEO Chet Kanojia in a released statement. “We want this resolved on the merits rather than through a wasteful war of attrition.” Cert petitions that are supported by both sides aren’t uncommon at the Supreme Court, said Fletcher Heald appellate attorney Harry Cole, who’s not connected to the case. Cole said it’s not clear that Aereo’s lack of opposition would make the case more attractive to Supreme Court justices. “The trouble is you never know how that’s going to go,” he said. The broadcasters’ cert petition asked the Supreme Court to overturn the decision of the 2nd U.S. Circuit Court of Appeals not to grant a preliminary injunction against Aereo to protect the “viability of over-the-air broadcast television” (WID Oct 15 p6).
Aereo won’t oppose broadcasters’ attempt to bring their case against the streaming TV service to the U.S. Supreme Court, the company said in a response Wednesday to the broadcasters’ petition for cert.
The Commerce Department published notices in the Dec. 12 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):