Fox v. Dish: is copyright law keeping pace with new technology?

Financier Worldwide Magazine
September 2013

This article discusses Fox Broad. Co., Inc. v. Dish Network LLC, No. 12-57048 (9th Cir. Jul. 24, 2013), in which the Ninth Circuit affirmed the denial of Fox’s request for a preliminary injunction to prevent Dish from selling a device permitting recording of programs and playback without commercials. The article discusses the court’s application of the landmark Supreme Court decision Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), which established the principle that time-shifting with home recording devices (e.g., VCRs) is fair use, and queries whether copyright law has kept pace with technological developments.

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