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00659-turner amicus

00659-turner amicus

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Published by legalmatters

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Published by: legalmatters on Sep 08, 2007
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05/08/2014

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1. Whether a cable operator directly infringes on a copyright owner’s exclusive

reproduction right where, without a license, the cable operator (a) owns, oper-

ates and maintains at a central facility an array of computer equipment used to

make unauthorized copies of copyrighted television programs in response to

requests from subscribers; (b) provides all the television programming copied

by that equipment; (c) stores the copies at a central facility under its control;

and (d) uses those copies solely to provide, for commercial gain, an unauthor-

ized “on demand” program viewing service.

2. Whether a cable operator directly infringes on a copyright owner’s exclusive

reproduction right where, without a license and regardless of any subscriber

request, the cable operator (a) copies each and every frame of each and every

television program it receives into the memory of its computers; (b) stores those

bits of programming long enough to enable the making of permanent copies of

entire copyrighted television programs; and (c) uses those copies solely to

provide, for commercial gain, an unauthorized “on demand” program viewing

service.

3. Whether a cable operator directly infringes on a copyright owner’s exclusive

public performance right where, without a license, the cable operator transmits

the identical performance embodied in a copyrighted television program to

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multiple subscribers for “on demand” viewing as part of a service for commer-

cial gain.

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