According to this report in TechDirt, the Obama Administration's Solicitor General has submitted a brief arguing that the Supreme Court ought not to disturb the holding of the US Court of Appeals for the 2nd Circuit in Cartoon Networks v. CSC Holdings.
The Cartoon Networks case holds that the cable companies' online storage for its customers did not invoke the reproduction right in the Copyright Act since the files were "transitory", having been buffered for only 1.2 seconds.
The Government's brief argued, among other things, that the peculiar procedural posture of the case militated against Supreme Court review, since the plaintiffs had waived their contributory liability line of attack, and the defendant had waived its fair use defense.
Amicus Curiae Brief of United States
Previous articles about Cartoon Networks case:
"MPAA loses in case against Cablevision, Cartoon Network v. CSC Holdings"
"Editorial comment on Cartoon Network v. CSC and Capitol v. Thomas"
"My article in "Journal of Internet Law""
[Ed. note. As I pointed out in footnote 18 of my "Journal of Internet Law" article, the content cartel's "usual suspects", including the same Jenner & Block attorneys who now occupy some of the highest positions in the Justice Department, were representing the film companies in the Cartoon Networks case. So the filing of this brief shows that there is more than one voice being heard. Which is good. -R.B.]
Commentary & discussion:
Los Angeles Times
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