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ARTICLE · 11 JULY 2006

Permanent Injunction Looms Over EchoStar

McDermott Will & Emery
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The U.S. Court of Appeals for the Eleventh Circuit recently handed television network broadcasters an important victory in their long-running battle against satellite TV provider EchoStar Communications Corp. The court ruled EchoStar violated federal copyright law and remanded the case to district court for entry of a nationwide permanent injunction.

United StatesIntellectual Property
Tiffany Scurry
Tiffany Scurry
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The U.S. Court of Appeals for the Eleventh Circuit recently handed television network broadcasters an important victory in their long-running battle against satellite TV provider EchoStar Communications Corp. The court ruled EchoStar violated federal copyright law and remanded the case to district court for entry of a nationwide permanent injunction. CBS Broadcasting v. Echostar Communications., Case No. 03-13671 (May 23, 2006) (Tjoflat, J.).

The Satellite Home Viewer Act of 1998 gives satellite carriers a compulsory, statutory license to transmit copyrighted network programming to "unserved households." Typically in rural areas, these are households unable to receive network programming at a specified level of intensity through conventional rooftop antennas.

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