MPAA So Thrilled With Zediva Ruling, It Offers To Help The Court Spread It
from the nice-of-them dept
We recently wrote about the decision by a district court judge that suggests if you have a very long cable, instead of a short cable, you may be committing copyright infringement. The exact length of the cable is not specified. This is, of course, ridiculous, but it’s the only way to read the judge’s ruling in the Zediva case that makes sense. Basically, if you have your DVD player at home, you’re okay. But if your DVD player is in Zediva’s data center, and you connect to it via the long cable of the internet, Zediva is infringing. I can’t see how this makes any sense, but that’s why they don’t let me be a judge.
Either way, it’s not very surprising that Zediva is appealing the ruling to the Ninth Circuit appeals court, which is somewhat famous for its inconsistent and, at times, contradictory approach to jurisprudence. In other words, who knows what will come out of the appeals court. It’s tough to predict.
But, in the meantime, the MPAA apparently wants to get as much mileage as possible about the original ruling by Judge John F. Walter. It appears they’re so in love with the ruling that they’re sending love letters to the court about how more people should see the ruling, and how they’re even willing to help out with the promotion:
On Thursday, attorneys for the movie studio asked Judge Walter to consider publishing his injunction order in the Federal Register so that other judges around the nation currently overseeing Internet copyright cases would have the benefit of seeing what they believe to be an astute analysis of the “transmit” clause in the Copyright Act and what it means for Internet streaming transmissions to be “to the public” under the clause. The plaintiffs also say they would be more than happy to submit the judge’s opinion on his behalf to the Westlaw database.
In other words, this ruling is so ridiculous and so one-sided, that the MPAA hopes to get it ingrained among judges everywhere as quickly as possible, knowing full well that a higher court might knock them back to reality, and point out that judging whether or not something is infringing by the length of the cable between the DVD player and the TV is simply ridiculous.