From the Courthouse News Service:
TVEyes does not have a fair-use defense to claims that it violated the Fox News Network’s copyright by allowing users to access an unlimited amount of television clips, the Second Circuit ruled Tuesday.
Though a federal judge already issued a permanent injunction against TVEyes, Tuesday’s ruling from the Manhattan-based appeals court says the injunction was premised on the mistaken assumption that it was protected by fair use.
“At bottom, TVEyes is unlawfully profiting off the work of others by commercially re-distributing all of that work that a viewer wishes to use, without payment or license,” the 19-page opinion states.
Writing for a three-judge panel of the court, U.S. Circuit Judge Dennis Jacobs noted that TVEyes exceeded the bounds of otherwise permissible transformative service.
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31 pages; PDF.
See Also: Commentary From EFF