WNET v. Aereo, Inc.’s Empirical Analysis
712 F.3d 676 · 2013
Citation profile
5 federal appellate · 5 district ·
Relationships
Applies 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 111 (§ 101 of the Copyright Act of 1976)
Relies on Winter v. Natural Resources Defense Council, Inc. · eBay Inc. v. MERCEXCHANGE, LL · Sony Corporation of America v. Universal City Studios Inc · Capital Cities Cable, Inc. v. Crisp · Negonsott v. Samuels
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered [the “performance clause”]; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times [the “transmit clause”].”
3 later decisions quote this exact passage · from the majority“The definition of “transmit” ... is broad enough to include all conceivable forms and combinations of wires and wireless communications media, including but by no means limited to radio and television broadcasting as we know them. Each and every method by which the images or sounds comprising a performance or display are picked up and conveyed is a “transmission,” and if the transmission reaches the public in [any] form, the case comes within the scope of clauses (4) or (5) of section 106.”
2 later decisions quote this exact passage · from the majority“[A] broadcasting network is performing when it transmits [a singer's performance of a song] ... and any individual is performing whenever he or she ... communicates the performance by turning on a receiving set”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.