Several Utah broadcasters and Fox are seeking a preliminary injunction against Internet streaming service Aereo that would bar it from transmitting copyrighted material in most of the U.S., according to filings in U.S. District Court in Salt Lake City. “Aereo’s conduct is copyright infringement and should be preliminarily enjoined,” said a motion filed by Community Television of Utah, KUTV and Fox. Aereo launched in Utah six weeks ago, and has been retransmitting broadcasts from Salt Lake City stations KSTU, KUTV and KMYU in St. George, said the filings. Aereo’s service undermines the broadcasters’ ability to conduct retransmission consent negotiations, said the filings. The broadcasters have asked the court to grant an injunction that would apply everywhere in the U.S. except for the jurisdiction of the 2nd U.S. Circuit Court of Appeals in New York, where Aereo won its challenge against a previous injunction earlier this year. Hearst is also seeking an injunction against Aereo in U.S. District Court in Massachusetts for its Boston service. In addition to Salt Lake City and Boston, Aereo streams broadcast TV in New York, Atlanta, Miami, Houston and Dallas, said a release from Aereo. The injunction sought against Aereo in Utah is similar to one granted against competing service FilmOn X in Washington, D.C., U.S. District Court in September. FilmOn -- formerly called Aereokiller -- appealed that injunction to the U.S. Court of Appeals for the D.C. Circuit last month, and is awaiting a decision on another appealed injunction in the 9th U.S. Circuit Court of Appeals in California. Aereo is also still in the midst of the case in U.S. District Court in New York that originally spawned the injunction that it successfully challenged in the 2nd Circuit. An Aereo spokeswoman said in an email that Fox had failed in its previous attempts to get an injunction in New York and the broadcaster is “simply not entitled to repeated do-overs on this matter.” Aereo will respond “to this latest attempt at a mulligan in due course,” said the spokeswoman. A New York magistrate judge ruled Monday that Aereo founder Chet Kanojia and Chief Technical Officer Joseph Lipowski will have to submit to an additional hour of deposition from plaintiffs ABC and WNET and will have to answer questions about Aereo’s patents. Aereo had asked Judge Henry Pitman to reconsider the ruling, citing attorney-client privilege and other arguments. However, Pitman denied the request for reconsideration. “It is beyond question that the attorney client privilege protects only communications with counsel, not the underlying facts that are communicated to counsel,” said Pitman.
Implementation of President Barack Obama’s cybersecurity executive order is on an indefinite hold at most federal agencies because of the government shutdown, the effects of which vary, said industry observers. The order directed the Department of Homeland Security and National Institute of Standards and Technology to execute most provisions, though the departments of Defense and Treasury, U.S. intelligence agencies and sector-specific agencies also hold implementation responsibilities (WID Feb 14 p1). Much of the public attention related to the order has focused on NIST’s work with critical infrastructure industries to develop the voluntary Cybersecurity Framework, but observers said development of the framework will be almost entirely unaffected by even an extended shutdown. Other parts of the order will be more adversely affected by further delays, they said.
Implementation of President Barack Obama’s cybersecurity executive order is on an indefinite hold at most federal agencies because of the government shutdown, the effects of which vary, said industry observers. The order directed the Department of Homeland Security and National Institute of Standards and Technology to execute most provisions, though the departments of Defense and Treasury, U.S. intelligence agencies and sector-specific agencies also hold implementation responsibilities (CD Feb 14 p1). Much of the public attention related to the order has focused on NIST’s work with critical infrastructure industries to develop the voluntary Cybersecurity Framework, but observers said development of the framework will be almost entirely unaffected by even an extended shutdown. Other parts of the order will be more adversely affected by further delays, they said.
House Judiciary Committee ranking member John Conyers, D-Mich., will co-sponsor a major surveillance overhaul set for introduction in the House. He joined House Judiciary Crime and Terrorism Subcommittee Chairman Jim Sensenbrenner, R-Wis., in seeking co-sponsors for the USA FREEDOM Act, a comprehensive overhaul of surveillance law. It seeks to end the U.S. government’s bulk collection of phone records, among many other changes, according to preliminary outlines. A version of the bill will be introduced in the Senate by Judiciary Committee Chairman Patrick Leahy, D-Vt., Sensenbrenner’s spokesman told us last week (CD Oct 4 p10). The two House co-sponsors sent a two-page letter to House colleagues Thursday describing the intent of the proposed legislation and asking which members are interested in signing onto it.
House Judiciary Committee ranking member John Conyers, D-Mich., will co-sponsor a major surveillance overhaul set for introduction in the House. He joined House Judiciary Crime and Terrorism Subcommittee Chairman Jim Sensenbrenner, R-Wis., in seeking cosponsors for the USA FREEDOM Act, a comprehensive overhaul of surveillance law. It seeks to end the U.S. government’s bulk collection of phone records, among many other changes, according to preliminary outlines. A version of the bill will be introduced in the Senate by Judiciary Committee Chairman Patrick Leahy, D-Vt., Sensenbrenner’s spokesman told us last week (WID Oct 4 p8). The two House co-sponsors sent a two-page letter to House colleagues Thursday describing the intent of the proposed legislation and asking which members are interested in signing onto it.
The Commerce Department published notices in the Oct. 3 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):
A denial by a federal judge in Los Angeles of a preliminary injunction requested by Fox against Dish Network’s Sling doesn’t point to a particular outcome for the case, said Stifel Nicolaus in an email. U.S. District Judge Dolly Gee’s opinion last week said Fox hadn’t shown the threat of irreparable injury but “made no finding on whether Fox was likely to succeed upon further review,” said Stifel. The analysts called the decision a victory for Dish, because the DBS provider will be able to continue offering Sling-enabled Dish Anywhere services to customers while the case continues, but said the case remains undecided. “Consequently, while we have our doubts that the courts will ultimately thwart Dish’s Sling place-shifting technology in the consumer marketplace, we do not believe Judge Gee’s opinion sheds any clear light on the prospects of Fox’s substantive claims, meaning it’s entirely possible Fox could win damages and new payments from DISH,” said the email. “Fox can also appeal the preliminary injunction denial."
A denial by a federal judge in Los Angeles of a preliminary injunction requested by Fox against Dish Network’s Sling doesn’t point to a particular outcome for the case, said Stifel Nicolaus in an email. U.S. District Judge Dolly Gee’s opinion last week said Fox hadn’t shown the threat of irreparable injury but “made no finding on whether Fox was likely to succeed upon further review,” said Stifel. The analysts called the decision a victory for Dish, because the DBS provider will be able to continue offering Sling-enabled Dish Anywhere services to customers while the case continues, but said the case remains undecided. “Consequently, while we have our doubts that the courts will ultimately thwart Dish’s Sling place-shifting technology in the consumer marketplace, we do not believe Judge Gee’s opinion sheds any clear light on the prospects of Fox’s substantive claims, meaning it’s entirely possible Fox could win damages and new payments from DISH,” said the email. “Fox can also appeal the preliminary injunction denial."
A denial by a federal judge in Los Angeles of a preliminary injunction requested by Fox against Dish’s Sling doesn’t point to a particular outcome for the case, said Stifel Nicolaus in an email. U.S. District Judge Dolly Gee’s opinion last week said Fox hadn’t shown the threat of irreparable injury but “made no finding on whether Fox was likely to succeed upon further review,” said Stifel Nicolaus. The analysts called the decision a victory for Dish, because the DBS provider will be able to continue offering Sling-enabled Dish Anywhere services to customers while the case continues, but said the case remains undecided. “Consequently, while we have our doubts that the courts will ultimately thwart Dish’s Sling place-shifting technology in the consumer marketplace, we do not believe Judge Gee’s opinion sheds any clear light on the prospects of Fox’s substantive claims, meaning it’s entirely possible Fox could win damages and new payments from DISH,” said the email. “Fox can also appeal the preliminary injunction denial,” said Stifel Nicolaus.
The Commerce Department issued the preliminary results of its combined antidumping duty administrative and new shipper reviews on freshwater crawfish tail meat from China (A-570-848). The agency preliminarily found zero AD rates for all four respondents: Deyan Aquatic, Nanjing Gemsen, Xiping Opeck, and Yancheng Hi-King. If continued in the final results, entries from these companies during the period of review will be liquidated without regard to AD duties, and their merchandise will not be subject to AD cash deposit requirements until further notice. These preliminary results are not in effect. Commerce may modify them in the final results of this review and change the estimated AD cash deposit rate for these companies.