9th Cir.
12-57048
The court of appeals affirmed a district court’s denial of a request for a preliminary injunction. The court held that a broadcaster failed to demonstrate a likelihood of success on direct copyright infringement and breach of contract claims where a television provider’s products allowed customers to automatically skip over commercials after making their own program recordings. The court held further that while the broadcaster had established a prima facie case of direct infringement by the customers, the television provider was likely to succeed on its affirmative defense that the customers’ copying was a fair use.
