Fox Television Stations, Inc. v. Aereokiller, LLC

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a service that captures copyrighted works broadcast over the air, and then retransmits them to paying subscribers over the-Internet without the consent of the copyright holders, is a “cable system” eligible for a compulsory license under the Copyright Act.

I

A

The Copyright Act of 1976 gives copyright holders six “exclusive rights,” including the exclusive right “to perform” copyrighted works “publicly.” 17 U.S.C. § 106(4). The Act provides that “[ajnyone who violates any of the exclusive rights of the copyright owner ... is an infringer.”…