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Court Cases

American Library Association, et al., v. Federal Communications Commission and United States of America (2005)

This case arises out of events related to the nation's transition from analog to digital television service ("DTV").

pdf bfappealsruling0505.pdf

 
 

ALA, et al. v. FCC: Reply Brief

Reply brief concerning the Federal Communications Commission broadcast flag mandate.

pdf broadcast-flag-reply-2004.pdf

 
         

Recording Industry Association of America, Inc., Appellee v. Verizon Internet Services, Inc., Appellant

On December 19, 2003, reversing the rulings of the lower court, the US Court of Appeals for the District of Columbia Circuit ruled in favor of Verizon. In a case with significant implications for users of file sharing systems, the decision stopped the RIAA from gaining access to names of individuals that the RIAA suspected of illegally downloading music from the Internet. The suits filed by the RIAA have focused on section 512(h), the subpoena provision of the DMCA, that allows any copyright owner or representative to "request the clerk of any US district court to issue a subpoena" to force an Internet service provider (ISP) to identify "an alleged infringer."

pdf riaavverizon.pdf
 
 

Dastar Corporation, Petitioner v. Twentieth Century Fox Film Corporation Et al.

In this case, we are asked to decide whether ß43(a) of the Lanham Act, 15 U. S. C. ß1125(a), prevents the unaccredited copying of a work, and if so, whether a court may double a profit award under ß1117(a), in order to deterfuture infringing conduct.

pdf dastar603.pdf

 
 
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