Several Supreme Court justices appeared to agree that no single factor for determining copyright fee-shifting cases as set in Fogerty v. Fantasy should outweigh other factors, during oral argument Monday on its review of Kirtsaeng v. John Wiley & Sons. Two supporters of Kirtsaeng who attended the argument told us they are unsure how that position will translate into a court ruling. Thai citizen Supap Kirtsaeng sought a review of the 2nd U.S. Circuit Court of Appeals' 2015 ruling that Kirtsaeng wasn’t entitled to receive attorney’s fees from textbook company Wiley after winning a 2013 Supreme Court case that extended the scope of the first-sale doctrine (see 1601190071).
The Supreme Court’s review of Kirtsaeng v. John Wiley & Sons is likely to turn on whether the justices believe additional factors need to be considered in copyright fee-shifting cases beyond the precedent set in the Supreme Court's 1994 Fogerty v. Fantasy ruling, said attorneys supporting both Kirtsaeng and Wiley in interviews. The Supreme Court is set to hear oral argument on the case Monday. Thai citizen Supap Kirtsaeng sought a review of the 2nd U.S. Circuit Court of Appeals' 2015 ruling that Kirtsaeng wasn’t entitled to receive attorney’s fees from textbook company Wiley after winning a 2013 Supreme Court case (see 1601190071). The court had ruled Kirtsaeng’s resale and import of textbooks from Thailand to the U.S. was covered by the first-sale doctrine (see report in the March 20, 2013, issue).
The FCC’s net neutrality order continued to spur lobbying activity more than a year after the agency adopted it. Q1 lobbying disclosure reports showed much evidence of net neutrality issues keeping industry lobbyists busy. Capitol Hill observers and lobbyists told us the pending U.S. Court of Appeals for the D.C. Circuit ruling on the industry net neutrality challenge, which could be released any week, has the potential to kick up intense lobbying throughout Q2 and perhaps beyond.
Considering the amount of time and money it takes to clear spectrum bands, the next White House administration likely won't deviate far from the current spectrum sharing approach, Satellite Industry Association President Tom Stroup said during an FCBA CLE Thursday: "There may be some tweaking, but I don't expect a major shift." Speakers all indicated the questions about spectrum sharing involve its degree and how to implement it, because the question of whether it will happen is settled.
Scripps Networks Interactive promotes Derek Chang to head-international lifestyle channels, new position; he'll continue to manage Asia-Pacific operations ... Wiley Rein hires Lauren French, ex-Politico, as senior manager, McBee Strategic Consulting, leading its Press Office, a product for clients ... President Barack Obama naming as members, Commission on Enhancing National Cybersecurity: Keith Alexander, IronNet; Annie Antón, Georgia Institute of Technology; Ajay Banga, MasterCard; Steven Chabinsky, CrowdStrike; Patrick Gallagher, University of Pittsburgh; Peter Lee, Microsoft; Herbert Lin, Center for International Security and Cooperation; Heather Murren, investor; Joe Sullivan, Uber; and Maggie Wilderotter, ex-Frontier Communications ... Horowitz Research hires Mariana Diaz-Wionczek, ex-Viacom's Nickelodeon, as senior director-research and strategy, working for TV, digital and mobile clients, and head, Gen Z practice, and Claire Dinaso, ex-Mind Genomics Advisors, as senior director-research ... Millicom Nomination Committee proposes to elect José Miguel García Fernández, ex-Orange España, to the board.
The Senate's Federal Aviation Administration reauthorization package contains many provisions benefiting the drone industry, but some industry officials are concerned the inclusion of renewable energy tax credits could hold up passage next week as some expect. They're also worried about specific amendments that could affect their industry. Several observers we interviewed pointed to problems with two filed amendments, one that weakens federal statutes pre-empting state and local regulations of drones and another that guts an air carrier authorization certification program.
The Federal Aviation Administration began work on a rulemaking after receiving a committee report recommending creating four small drone categories defined primarily by risk of injury to people who are in the vehicle's flight path and not associated with the operation, said a committee participant. In a Tuesday news release, the FAA said the committee -- comprised of drone makers and users, consensus standards organizations, researchers and academics -- began meeting March 8 and delivered the report last Friday.
The New York Public Service Commission will take three more weeks to review Altice’s $17.7 billion takeover of Cablevision. The new deadline is May 20, said an Altice letter released Tuesday by the PSC. A counsel for the Communications Workers of America, which has opposed the deal, claimed that lack of progress in a contested separate review by New York City might have contributed to the delay.
One big area of contention as the FCC moves forward on an NPRM on ISP privacy rules, set for a vote Thursday, is how well the FCC is positioned to take on the issue, especially relative to the FTC. The FCC has had long-standing rules on carrier protection of customer proprietary network information (CPNI), but critics questioned the level of FCC expertise on the highly technical issues of privacy.
Netflix's alleged throttling of its own programming was in the crosshairs Friday. But an FCC official indicated that the company likely hadn't violated net neutrality rules since Netflix is an edge provider and the rules cover only broadband providers. Netflix said it will soon introduce a data-saving feature to help customers not bump up against data caps when they watch programming on a connected device. Thursday night, The Wall Street Journal reported that Netflix has been throttling its own stream on AT&T and Verizon devices for five years. Netflix didn't comment on the report.