TVEyes Seeks Rehearing on 2nd Circuit Decision
The 2nd U.S. Circuit Court of Appeals' decision that TVEyes' service displaces potential revenue for Fox and thus isn't fair use conflicts with other court decisions rejecting the idea market harm can be presumed from a copyright holder's commercial success,…
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TVEyes said in a docket 15-3885 petition (in Pacer) for rehearing en banc and for a panel hearing filed Tuesday with the 2nd U.S. Circuit. It said the 2nd Circuit decision also conflicts with past decisions that a copyright holder can't preempt exploitation of a transformative market that it's unlikely to enter itself. It said letting copyright holders block creation of transformative markets -- such as a searchable database of TV news content, like TVEyes' -- means they can then block other technological advances that could lead to "enormous public benefit." The appellate court in February reversed a lower court decision that some TVEyes functions constitute fair use (see 1802270025). Fox outside counsel didn't comment Wednesday.