U.S. District Judge Laura Swain in Manhattan denied ABC’s motion for a preliminary injunction to bar Dish Network’s PrimeTime Anytime and AutoHop features. PrimeTime Anytime allows Dish subscribers to record prime-time shows and save them for up to eight days, while AutoHop allows them to play back those recordings commercial-free. Swain denied the motion Wednesday in an opinion and order that was sealed because many of the documents submitted for and against the injunction were marked confidential, her order said. She gave both sides until next Wednesday to request which portions of those submissions should be redacted in her final opinion and order. The denial is the third time a federal court has denied an injunction motion by one of the major broadcast networks against PrimeTime Anytime and AutoHop, Dish said, declaring the latest denial, as it had the earlier ones, as a victory for consumers. ABC, in a statement, downplayed the ruling as “only a preliminary decision and the first step in the judicial process.” ABC still believes AutoHop and PrimeTime Anytime “breach our retransmission consent agreement” with Dish, the network said. Those features also “infringe upon ABC’s copyrights, and unfairly compete with the authorized on-demand and commercial-free options currently offered by ABC and its licensees,” it said.
U.S. District Judge Laura Swain in Manhattan denied ABC’s motion for a preliminary injunction to bar Dish Network’s PrimeTime Anytime and AutoHop features. PrimeTime Anytime allows Dish subscribers to record prime-time shows and save them for up to eight days, while AutoHop allows them to play back those recordings commercial-free. Swain denied the motion Wednesday in an opinion and order that was sealed because many of the documents submitted for and against the injunction were marked confidential, her order said. She gave both sides until next Wednesday to request which portions of those submissions should be redacted in her final opinion and order. The denial is the third time a federal court has denied an injunction motion by one of the major broadcast networks against PrimeTime Anytime and AutoHop, Dish said. It declared the latest denial, as it had the earlier ones, a victory for consumers. ABC downplayed the ruling as “only a preliminary decision and the first step in the judicial process.” ABC still believes AutoHop and PrimeTime Anytime “breach our retransmission consent agreement” with Dish, the network said in a written statement. Those features also “infringe upon ABC’s copyrights, and unfairly compete with the authorized on-demand and commercial-free options currently offered by ABC and its licensees,” it said.
The Commerce Department published notices in the Sept. 19 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 is refusing to revisit its decision to impose countervailing duties on frozen warmwater shrimp from Vietnam, despite appeals from the Ecuadorian government that the finding of illegal subsidization is the result of a misunderstanding. According to letters recently released by the Commerce Department, Ecuadorian Minister of International Trade Francisco Rivadeneira wrote Commerce in mid-August, explaining that the country’s apparent admission of an export restraint during the investigation was in fact the result of a misunderstanding between Ecuador and its law firm. But Commerce Secretary Penny Pritzker responded Sept. 12 that the investigation was a “quasi-judicial” proceeding that the agency can’t just go back and change, and urged Ecuador to avail itself of upcoming administrative reviews if it wants to further pursue the matter.
The Chinese Customs Tariff Commission of State Council authorized on Sept. 18 the Chinese government to impose provisional countervailing duties on companies that import Solar-Grade Polysilicon from the U.S. The collection of CV duty cash deposits will take effect on Sept. 20. The companies must pay corresponding security deposits “in light of the ad valorem subsidy rate determined by this preliminary ruling.” At the request of domestic industry, the Chinese Ministry of Commerce launched an investigation into the Solar-Grade Polysilicon products in July (see 13072617). This preliminary ruling concludes the subsidies for the products caused substantial damage to China’s domestic industry.
The Commerce Department published notices in the Sept. 18 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):
Commerce Department decisions on whether to impose antidumping duty cash deposits on steel rail tie wire from China, Mexico and Thailand won’t come down until Nov. 19, after the agency extended the deadline for its preliminary determination. The preliminary decision was originally due on Sept. 30, but domestic industry requested more time to make its case. The Commerce Department began its investigation on May 13, based on petitions filed in April by Davis Wire Corporation and Insteel Wire Products. The two U.S. companies alleged underselling at rates of 53.72 to 159.44 percent.
FilmOn X asked the U.S. Court of Appeals, D.C. Circuit, to review the almost nationwide preliminary injunction granted against it last week in U.S. District Court, D.C. (CD Sept 13 p22), according to a notice of appeal filed with the district court Monday. FilmOn is appealing both the injunction itself and the injunction’s scope, which bars FilmOn from streaming copyrighted content anywhere outside of the 2nd Circuit’s jurisdiction. FilmOn CEO Alki David told us after the decision was handed down that his company would continue streaming content provided by independent channels that have reached agreements with FilmOn. FilmOn and the major broadcasters that are the plaintiffs in the case have jointly asked the court to stay the case pending the outcome of the appeal, and a Friday status conference has been canceled. FilmOn and the broadcasters are already embroiled in an ongoing appeal of a similar injunction in the 9th Circuit (CD Aug 29 p5). “The courts have consistently enjoined Mr. David and FilmOn X from stealing our copyrighted content and attempting to profit from it,” said a Fox spokesman by email Tuesday. “While he is certainly entitled to appeal, we fully expect to continue to prevail."
FilmOn X asked the U.S. Court of Appeals for the D.C. Circuit to review the almost nationwide preliminary injunction granted against it last week in U.S. District Court, D.C. (WID Sept 12 p7), according to a notice of appeal filed with the district court Monday. FilmOn is appealing both the injunction itself and the injunction’s scope, which bars FilmOn from streaming copyrighted content anywhere outside of the 2nd Circuit’s jurisdiction. FilmOn CEO Alki David told us after the decision was handed down that his company would continue streaming content provided by independent channels that have reached agreements with FilmOn. FilmOn and the major broadcasters that are the plaintiffs in the case have jointly asked the court to stay the case pending the outcome of the appeal, and a Friday status conference has been canceled. FilmOn and the broadcasters are already embroiled in an ongoing appeal of a similar injunction in the 9th Circuit (WID Aug 29 p7). “The courts have consistently enjoined Mr. David and FilmOn X from stealing our copyrighted content and attempting to profit from it,” said a Fox spokesman by email Tuesday. “While he is certainly entitled to appeal, we fully expect to continue to prevail."
The Commerce Department issued the preliminary results in the second go-around of its antidumping duty administrative review on frozen warmwater shrimp from Vietnam (A-552-802). The agency originally declined to individually review Grobest & I-Mei Industrial, but the Court of International Trade in July 2012 ordered Commerce to conduct the review of Grobest (see 12080205). Commerce preliminarily assigned Grobest an AD rate based on adverse facts available. If finalized, that means the agency won't revoke the order for Grobest. 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 rates for these companies.