American Broadcasting Cos., Inc. v. Aereo, Inc.

(Redirected from American Broadcasting Cos. v. Aereo, Inc.)

2014 United States Supreme Court case

American Broadcasting Cos., Inc. v. Aereo, Inc.
Supreme Court of the United States
Argued April 22, 2014 Decided June 25, 2014
Full case name	American Broadcasting Companies, Inc., et al., Petitioners v. Aereo, Inc., f.k.a. Bamboom Labs, Inc.
Docket no.	13-461
Citations	573 U.S. 431 (more)134 S. Ct. 2498; 189 L. Ed. 2d 476; 110 U.S.P.Q.2d 1961
Case history
Prior	Injunction denied, Am. Broad. Cos. v. Aereo, Inc., 874 F. Supp. 2d 373 (S.D.N.Y. 2012); affirmed sub. nom., WNET v. Aereo, Inc., 712 F.3d 676 (2d Cir. 2013); rehearing en banc denied, 722 F.3d 500 (2d Cir. 2013); cert. granted, 571 U.S. 1118 (2014).
Holding
Aereo's retransmission of television broadcasts was a "public performance" of the networks' copyrighted work. The Copyright Act of 1976 forbids such performances without the permission of the holder of the copyright. Second Circuit Court of Appeals reversed.
Court membership
Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan
Case opinions
Majority	Breyer, joined by Roberts, Kennedy, Ginsburg, Sotomayor, Kagan
Dissent	Scalia, joined by Thomas, Alito
Laws applied
Copyright Act of 1976

American Broadcasting Cos., Inc. v. Aereo, Inc, 573 U.S. 431 (2014), was a United States Supreme Court case. The Court ruled that the service provided by Aereo, which allowed subscribers to view live and time-shifted streams of over-the-air television on Internet-connected devices, violated copyright laws.

Background

Cable companies are required by the 1992 Cable Television Consumer Protection and Competition Act to negotiate for retransmission consent, usually paying broadcasters for the right to carry their signals. Broadcasters argued that Aereo was a threat both to their business model by undermining the cable retransmission fees and the size of their audience. Because the fees that cable companies paid for broadcast content could comprise up to 10% of a broadcaster's revenue, broadcasters objected to Aereo's re-distribution of this content without paying any fees. Broadcasters have also identified Aereo as part of the cord-cutting trend among television audiences that poses a threat to broadcasters' advertising revenue.

In somewhat similar cases, the U.S. District Court for the Central District of California granted an injunction against Aereo's rival FilmOn, a similar service. However, the district court's injunction was legally binding only in its jurisdiction (including the West Coast of the continental United States, Alaska and Hawaii) and is currently being appealed to the Ninth Circuit Court of Appeals. Other competitors were blocked from providing service in Los Angeles and Seattle by similar injunctions.

Federal court

On March 1, 2012, two weeks before Aereo's initial launch in New York City, Aereo was sued for copyright infringement by a consortium of major broadcasters, including CBS Corporation's CBS, Comcast's NBC, Disney's ABC and 21st Century Fox's Fox. The broadcasters argued that Aereo infringed their copyrighted material because Aereo's streams constituted public performances. They sought a preliminary injunction against the company. On July 11, Federal Judge Alison Nathan denied this injunction, citing as precedent the 2008 Cablevision case, which established the legality of cloud-based streaming and DVR services. In response to the decision, the Aereo founder and CEO, Chet Kanojia, said, "Today's decision shows that when you are on the right side of the law, you can stand up, fight the Goliath and win." In a subsequent interview with CNET, Kanojia asserted, "With one step, we changed the entire TV industry. The television industry and its evolution are now starting towards the Internet and that was stopped until Aereo came along.... And I think as consumers start migrating to the Internet, new programming and new content are going to come in."

Second Circuit appeal

The plaintiffs appealed the decision to the U.S. Court of Appeals for the Second Circuit. Several other players in the industry, such as cable provider Cablevision, the Electronic Frontier Foundation, and the Consumer Electronics Association, filed amicus briefs. On April 1, 2013, the federal appeals court upheld the lower court's ruling by finding that Aereo's streams to subscribers were not "public performances" and thus did not constitute copyright infringement. The appeals court also affirmed the earlier district court decision that denied the broadcasters a preliminary injunction against Aereo. In response, News Corporation Chief Operating Officer Chase Carey stated that the company is contemplating taking Fox off the air and converting it to a cable-only channel: "We need to be able to be fairly compensated for our content... we can't sit idly by and let an entity steal our signal. We will move to a subscription model if that's our only recourse." Univision and CBS have also stated that they may also follow and convert to cable-only.

Supreme Court

In October 2013, the broadcasters filed a petition to the United States Supreme Court to take up the issue. On January 10, 2014, the Supreme Court agreed to hear the case. In February 2014, in advance of the case being taken up by the Supreme Court, a judge in the 10th Circuit Court of Appeals granted a preliminary injunction against Aereo, blocking the service within the 10th District, which includes Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming, and Yellowstone National Park. On November 17, 2013, the National Football League and Major League Baseball filed a joint amicus brief to the Supreme Court that warned that sports programming would likely migrate from broadcast to cable television and that Aereo may put the US in violation of several international treaties, which prohibit the retransmission of broadcast signals over the Internet without their copyright holders' consent. The United States Department of Justice and United States Copyright Office also filed a joint brief in March 2014 that stated that Aereo's "system is clearly infringing." The Supreme Court heard oral arguments on April 22, 2014.

Decision

The Court decided in favor of the broadcasters on June 25 in a 6–3 decision and remanded the case. The Court's decision describes Aereo as not being "simply an equipment provider" with an "overwhelming likeness to cable companies" that "performs petitioners' works 'publicly.'" Further, the Court adds that its decision should not discourage the emergence or use of different kinds of technologies.

Justices Scalia, Thomas and Alito dissented. Writing for the dissenting minority, Scalia quoted from Sony Corp. of America v. Universal City Studios, Inc. and noted that the broadcasters had made similar predictions regarding the VCR. Like the final paragraph in that previous ruling, he stated that the Court should be in no position to make judgements on novel technologies and that Congress indeed has the task of determining if copyright laws should be modified to address those issues.

The dissent continues and criticizes the majority's opinion calling it poorly reasoned because it relies on a "guilt by resemblance" standard, which states Aereo is performing because it "looks-like-cable-TV:"

That claim fails at the very outset because Aereo does not "perform" at all. The Court manages to reach the opposite conclusion only by disregarding widely accepted rules for service-provider liability and adopting in their place an improvised standard ("looks-like-cable-TV") that will sow confusion for years to come.

Subsequent developments

Even though the United States Supreme Court held Aereo was "performing" the broadcasters copyrighted material because Aereo "looks-like-cable-TV" and was similar to community antenna television (CATV) systems, Aereo could not continue its service under a compulsory license as a cable provider would, it was later held.

Doing its best to turn lemons into lemonade, Aereo now seeks to capitalize on the Supreme Court's comparison of it to a CATV system to argue that it is in fact a cable system that should be entitled to a compulsory license under § 111. This argument is unavailing for a number of reasons.

On November 21, 2014, the company filed for Chapter 11 bankruptcy in the United States Bankruptcy Court for the Southern District of New York. It was later purchased by the DVR company TiVo for $1 million in March 2015.

References

Boehret, Katherine. "Aereo Shines With Live TV on the Go". Wall Street Journal.
Kang, Cecelia. "As users flock to iTunes, Hulu and Netflix, TV stations struggle to survive". Washington Post. Retrieved April 23, 2012.
"CBS Keeps Broadcast Profitable Atop Retransmission, Syndication Fees ... For Now". Seeking Alpha. October 3, 2012. Retrieved May 7, 2013.
Sandoval, Greg (June 3, 2012). "A bet that Diller-backed Aereo TV startup wins its day in court". CNET. Retrieved December 7, 2012.
"Aereo, amid challenges, looks ahead to possibilities". August 28, 2013. Archived from the original on October 1, 2013. Retrieved September 27, 2013.
^ King, Cecilia. "Broadcasters sue to stop Diller's Aereo streaming TV service". Washington Post. Retrieved March 1, 2012.
Stewart, Christopher. "Networks Sue Aereo Streaming Start-Up". Wall Street Journal. Retrieved March 1, 2012.
American Broadcasting Cos., Inc. v. Aereo, Inc., 874 F. Supp. 2d 373 (S.D.N.Y. 2012).
Kramer, Staci. "Diller and Aereo win first round: injunction denied". PaidContent. Retrieved July 11, 2012.
"AEREO PREVAILS IN PRELIMINARY INJUNCTION PROCEEDING" (PDF).
Sandoval, Greg. "Aereo's founder has broadcast TV in a headlock--now what? (Q&A)". CNET.
Grotticelli, Michael. "Aereo gets support in legal case against broadcasters". BroadcastEngineering. Retrieved October 31, 2012.
WNET v. Aereo, Inc., 712 F.3d 676 (2d Cir. 2013).
Stelter, Brian (April 1, 2013). "Aereo Wins Appeal; Trial Likely for Streaming TV". New York Times. Retrieved April 1, 2013.
"News Corp to Take Fox Off Air If Courts Back Aereo". Bloomberg. April 8, 2013. Retrieved April 10, 2013.
"Aereo could bring down broadcast TV". CNN Money. April 9, 2013. Retrieved April 10, 2013.
"CBS Says It Could Move To Cable In A 'Few Days' If Aereo Wins; Receives Several Offers To Help Pack Its Bags". Techdirt.com. May 1, 2013. Retrieved May 6, 2013.
"Broadcasters Petition Supreme Court to Review Aereo Case". Adweek. October 11, 2013. Retrieved November 18, 2013.
Supreme Court to Hear Aereo Case, Variety, January 10, 2014.
"Aereo blocked in some Western states after ruling". The Washington Post. Associated Press. February 19, 2014. Archived from the original on February 20, 2014. Retrieved March 4, 2014.
"NFL, Major League Baseball Warn That Aereo Could Trigger End of Free TV Game Broadcasts". Variety. November 17, 2013. Retrieved November 18, 2013.
Brian Stelter (March 4, 2014). "Obama administration sides against Aereo". CNN Money. Retrieved March 4, 2014.
Supreme Court to hear Aereo vs. big media case April 22, VentureBeat, February 11, 2014.
American Broadcasting Cos., Inc. v. Aereo, Inc., No. 13-461, 573 U.S. ___ (2014).
American Broadcasting Cos., Inc. v. Aereo, Inc., 573 U. S., (Scalia, dissenting slip op., at 12-13)
Am. Broad. Companies, Inc. v. Aereo, Inc., No. 12-CV-1540, 2014 WL 5393867 (S.D.N.Y. Oct. 23, 2014)
"Aero Chapter 11 Voluntary Petition" (PDF). PacerMonitor. PacerMonitor. Retrieved May 16, 2016.
Crook, Jordan (November 21, 2014). "Aereo Files For Chapter 11 Bankruptcy". TechCrunch. AOL. Retrieved November 21, 2014.
Perez, Sarah (March 13, 2014). "TiVo Receives Approval To Acquire Aereo Assets". TechCrunch. Retrieved April 21, 2015.
"TiVo Acquires Aereo Assets". TiVo Press Releases. March 13, 2015. Retrieved April 21, 2015.

External links

Text of American Broadcasting Cos., Inc. v. Aereo, Inc., 573 U.S. 431 (2014) is available from: Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)

U.S. Supreme Court Article I case law

Enumeration Clause of Section II
Utah v. Evans (2002) Department of Commerce v. New York (2019) Trump v. New York (2020)

Qualifications Clauses of Sections II and III
Powell v. McCormack (1969) U.S. Term Limits, Inc. v. Thornton (1995) Cook v. Gralike (2001)

Elections Clause of Section IV
Ex parte Siebold (1879) Smiley v. Holm (1932) U.S. Term Limits, Inc. v. Thornton (1995) Arizona State Legislature v. Arizona Independent Redistricting Commission (2015) Moore v. Harper (2023)

Speech or Debate Clause of Section VI
Kilbourn v. Thompson (1881) United States v. Johnson (1966) Gravel v. United States (1972)

Origination Clause of Section VII
Flint v. Stone Tracy Co. (1911) United States v. Munoz-Flores (1990)

Presentment Clause of Section VII
Pocket Veto Case (1929) Immigration and Naturalization Service v. Chadha (1983) Clinton v. City of New York (1998)

Taxing and Spending Clause of Section VIII

Hylton v. United States (1796)
Collector v. Day (1871)
Springer v. United States (1881)
Pollock v. Farmers' Loan & Trust Co. (1895)
Brushaber v. Union Pacific Railroad Co. (1916)
Bailey v. Drexel Furniture Co. (1922)
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Commerce Clause of Section VIII

Dormant Commerce Clause

Brown v. Maryland (1827)
Willson v. Black-Bird Creek Marsh Co. (1829)
Cooley v. Board of Wardens (1852)
Wabash, St. Louis & Pacific Railway Co. v. Illinois (1886)
Swift & Co. v. United States (1905)
George W. Bush & Sons Co. v. Malloy (1925)
Baldwin v. G.A.F. Seelig, Inc. (1935)
Edwards v. California (1941)
Southern Pacific Co. v. Arizona (1945)
Dean Milk Co. v. City of Madison (1951)
Miller Bros. Co. v. Maryland (1954)
Bibb v. Navajo Freight Lines, Inc. (1959)
National Bellas Hess v. Illinois (1967)
Pike v. Bruce Church, Inc. (1970)
Hughes v. Alexandria Scrap Corp. (1976)
Complete Auto Transit, Inc. v. Brady (1977)
Hunt v. Washington State Apple Advertising Commission (1977)
City of Philadelphia v. New Jersey (1978)
Exxon Corp. v. Governor of Maryland (1978)
Reeves, Inc. v. Stake (1980)
Kassel v. Consolidated Freightways Corp. (1981)
Sporhase v. Nebraska ex rel. Douglas (1982)
White v. Mass. Council of Construction Employers (1983)
South-Central Timber Development, Inc. v. Wunnicke (1984)
Maine v. Taylor (1986)
Healy v. Beer Institute, Inc. (1989)
Quill Corp. v. North Dakota (1992)
Chemical Waste Management, Inc. v. Hunt (1992)
Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon (1994)
C&A Carbone, Inc. v. Town of Clarkstown (1994)
West Lynn Creamery, Inc. v. Healy (1994)
Granholm v. Heald (2005)
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority (2007)
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Comptroller of the Treasury of Maryland v. Wynne (2015)
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Others

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In re Debs (1895)
United States v. E. C. Knight Co. (1895)
Champion v. Ames (1903)
Southern Railway Co. v. United States (1911)
Hoke v. United States (1913)
Houston East & West Texas Railway Co. v. United States (1914)
Hammer v. Dagenhart (1918)
Board of Trade of City of Chicago v. Olsen (1923)
A.L.A. Schechter Poultry Corp. v. United States (1935)
Gold Clause Cases (1935)
Panama Refining Co. v. Ryan (1935)
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NLRB v. Jones & Laughlin Steel Corp. (1937)
United States v. Carolene Products Co. (1938)
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United States v. Darby Lumber Co. (1941)
United States v. Wrightwood Dairy Co. (1942)
Wickard v. Filburn (1942)
United States v. South-Eastern Underwriters Ass'n (1944)
North American Co. v. SEC (1946)
H.P. Hood & Sons v. Du Mond (1949)
Henderson v. United States (1950)
Canton Railroad Co. v. Rogan (1951)
Boynton v. Virginia (1960)
Heart of Atlanta Motel, Inc. v. United States (1964)
Katzenbach v. McClung (1964)
Maryland v. Wirtz (1968)
National League of Cities v. Usery (1976)
Hodel v. Virginia Surface Mining & Reclamation Association, Inc. (1981)
Commonwealth Edison Co. v. Montana (1981)
EEOC v. Wyoming (1983)
Garcia v. San Antonio Metropolitan Transit Authority (1985)
New York v. United States (1992)
United States v. Lopez (1995)
Seminole Tribe of Florida v. Florida (1996)
Reno v. Condon (2000)
United States v. Locke (2000)
Jones v. United States (2000)
United States v. Morrison (2000)
Gonzales v. Raich (2005)
National Federation of Independent Business v. Sebelius (2012)
Taylor v. United States (2016)

Coinage Clause of Section VIII

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Copyright Act of 1790	Wheaton v. Peters (1834) Paige v. Banks (1872) Globe Newspaper Co. v. Walker (1908)
Patent Act of 1793	Tyler v. Tuel (1810) Evans v. Eaton (1818) Evans v. Eaton (1822) Evans v. Hettich (1822)
Patent infringement case law	Evans v. Jordan (1815) Hollister v. Benedict & Burnham Manufacturing Co. (1885) Rowell v. Lindsay (1885) Schillinger v. United States (1894) Bauer & Cie. v. O'Donnell (1913) General Talking Pictures Corp. v. Western Electric Co. (1938)
Patentability case law	Pennock v. Dialogue (1829) Hotchkiss v. Greenwood (1851) O'Reilly v. Morse (1853) Cochrane v. Deener (1876) City of Elizabeth v. American Nicholson Pavement Co. (1878) Egbert v. Lippmann (1881) Consolidated Safety-Valve Co. v. Crosby Steam Gauge & Valve Co. (1885) Voss v. Fisher (1885)
Copyright Act of 1831	Wheaton v. Peters (1834) Backus v. Gould (1849) Stephens v. Cady (1853) Stevens v. Gladding (1854) Little v. Hall (1856) Paige v. Banks (1872) Baker v. Selden (1879) Callaghan v. Myers (1888) Higgins v. Keuffel (1891) Holmes v. Hurst (1899) Brady v. Daly (1899) Bolles v. Outing Co. (1899) Mifflin v. R. H. White Company (1903) Mifflin v. Dutton (1903)
Copyright Act of 1870	Perris v. Hexamer (1879) Trade-Mark Cases (1879) Merrell v. Tice (1881) Schreiber v. Sharpless (1884) Burrow-Giles Lithographic Co. v. Sarony (1884) Thornton v. Schreiber (1888) Banks v. Manchester (1888) Callaghan v. Myers (1888) Thompson v. Hubbard (1889) Higgins v. Keuffel (1891) Belford v. Scribner (1892) Brady v. Daly (1899) Bolles v. Outing Co. (1899) Bleistein v. Donaldson Lithographing Co. (1903) McLoughlin v. Raphael Tuck & Sons Co. (1903) American Tobacco Co. v. Werckmeister (1907) Werckmeister v. American Tobacco Co. (1907) United Dictionary Co. v. G. & C. Merriam Co. (1907) White-Smith Music Publishing Co. v. Apollo Co. (1908) Dun v. Lumbermen's Credit Ass'n (1908) Bobbs-Merrill Co. v. Straus (1908) Scribner v. Straus (1908) Bong v. Campbell Art Co. (1909) Henry v. A.B. Dick Co. (1912)
Sherman Antitrust Act of 1890	Straus v. American Publishers Association (1913) Interstate Circuit, Inc. v. United States (1939) Fashion Originators' Guild of America v. FTC (1941) United States v. Paramount Pictures, Inc. (1948) Broadcast Music, Inc. v. CBS Inc. (1979)
International Copyright Act of 1891	Press Pub. Co. v. Monroe (1896) McLoughlin v. Raphael Tuck & Sons Co. (1903) American Tobacco Co. v. Werckmeister (1907) White-Smith Music Publishing Co. v. Apollo Co. (1908) Globe Newspaper Co. v. Walker (1908) Bong v. Campbell Art Co. (1909) Caliga v. Inter Ocean Newspaper Co. (1909) Hills and Co. v. Hoover (1911) Kalem Co. v. Harper Bros. (1911)
Copyright Act of 1909	Hills and Co. v. Hoover (1911) DeJonge and Co. v. Breuker & Kessler Co. (1914) Herbert v. Shanley Co. (1917) Manners v. Morosco (1920) Fox Film Corp. v. Knowles (1923) Buck v. Jewell-LaSalle Realty Co. (1931) Douglas v. Cunningham (1935) Washingtonian Pub. Co. v. Pearson (1939) Sheldon v. Metro-Goldwyn Pictures Corp. (1940) Fred Fisher Music Co. v. M. Witmark & Sons (1943) F. W. Woolworth Co. v. Contemporary Arts, Inc. (1952) Mazer v. Stein (1954) De Sylva v. Ballentine (1956) Sears, Roebuck & Co. v. Stiffel Co. (1964) Williams & Wilkins Co. v. United States (1973)
Patent misuse case law	Motion Picture Patents Co. v. Universal Film Manufacturing Co. (1917) Morton Salt Co. v. G.S. Suppiger Co. (1942)
Clayton Antitrust Act of 1914	Fashion Originators' Guild of America v. FTC (1941) Dowling v. United States (1985)
Lanham Act	Inwood Laboratories, Inc. v. Ives Laboratories, Inc. (1982) San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987) Two Pesos, Inc. v. Taco Cabana, Inc. (1992) Qualitex Co. v. Jacobson Products Co. (1995) College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (1999) Cooper Industries, Inc. v. Leatherman Tool Group, Inc. (2001) TrafFix Devices, Inc. v. Marketing Displays, Inc. (2001) Dastar Corp. v. Twentieth Century Fox Film Corp. (2003) Moseley v. V Secret Catalogue, Inc. (2003) Lexmark International, Inc. v. Static Control Components, Inc. (2014) POM Wonderful LLC v. Coca-Cola Co. (2014) Matal v. Tam (2017) Iancu v. Brunetti (2019) Romag Fasteners, Inc. v. Fossil, Inc. (2020)
Copyright Act of 1976	Zacchini v. Scripps-Howard Broadcasting Co. (1977) Sony Corp. of America v. Universal City Studios, Inc. (1984) Mills Music, Inc. v. Snyder (1985) Harper & Row v. Nation Enterprises (1985) Community for Creative Non-Violence v. Reid (1989) Stewart v. Abend (1990) Feist Publications, Inc., v. Rural Telephone Service Co. (1991) Fogerty v. Fantasy, Inc. (1994) Campbell v. Acuff-Rose Music, Inc. (1994) Lotus Dev. Corp. v. Borland Int'l, Inc. (1996) Quality King Distributors Inc., v. L'anza Research International Inc. (1998) Feltner v. Columbia Pictures Television, Inc. (1998) New York Times Co. v. Tasini (2001) Eldred v. Ashcroft (2003) MGM Studios, Inc. v. Grokster, Ltd. (2005) Reed Elsevier, Inc. v. Muchnick (2010) Golan v. Holder (2012) Kirtsaeng v. John Wiley & Sons, Inc. (2013) Petrella v. Metro-Goldwyn-Mayer, Inc. (2014) American Broadcasting Cos., Inc. v. Aereo, Inc. (2014) Star Athletica, LLC v. Varsity Brands, Inc. (2017) Fourth Estate Public Benefit Corp. v. Wall-Street.com (2019) Rimini Street Inc. v. Oracle USA Inc. (2019) Allen v. Cooper (2020) Georgia v. Public.Resource.Org, Inc. (2020)
Other copyright cases	American Lithographic Co. v. Werkmeister (1911) Ferris v. Frohman (1912) Order of St. Benedict of New Jersey v. Steinhauser (1914) International News Service v. Associated Press (1918) L. A. Westermann Co. v. Dispatch Printing Co. (1919) Lumiere v. Mae Edna Wilder, Inc. (1923) Educational Films Corp. v. Ward (1931) Fox Film Corp. v. Doyal (1932) George v. Victor Talking Machine Co. (1934) KVOS v. Associated Press (1936) Gibbs v. Buck (1939) Buck v. Gallagher (1939) Commissioner v. Wodehouse (1949) Miller Music Corp. v. Charles N. Daniels, Inc. (1960) Pub. Affairs Associates, Inc. v. Rickover (1962) Fortnightly Corp. v. United Artists Television, Inc. (1968) Goldstein v. California (1973) Teleprompter Corp. v. Columbia Broadcasting (1974) Twentieth Century Music Corp. v. Aiken (1975)
Other patent cases	Continental Paper Bag Co. v. Eastern Paper Bag Co. (1908) Minerals Separation, Ltd. v. Hyde (1916) United States v. General Electric Co. (1926) United States v. Univis Lens Co. (1942) Altvater v. Freeman (1943) Sinclair & Carroll Co. v. Interchemical Corp. (1945) Funk Bros. Seed Co. v. Kalo Inoculant Co. (1948) Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. (1950) Graver Tank & Manufacturing Co. v. Linde Air Products Co. (1950) Aro Manufacturing Co. v. Convertible Top Replacement Co. (1961) Compco Corp. v. Day-Brite Lighting, Inc. (1964) Wilbur-Ellis Co. v. Kuther (1964) Brulotte v. Thys Co. (1964) Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp. (1965) Graham v. John Deere Co. (1966) United States v. Adams (1966) Brenner v. Manson (1966) Lear, Inc. v. Adkins (1969) Anderson's-Black Rock, Inc. v. Pavement Salvage Co. (1969) Zenith Radio Corp. v. Hazeltine Research, Inc. (1971) Gottschalk v. Benson (1972) United States v. Glaxo Group Ltd. (1973) Dann v. Johnston (1976) Sakraida v. Ag Pro Inc. (1976) Parker v. Flook (1978) Diamond v. Chakrabarty (1980) Diamond v. Diehr (1981) Bonito Boats, Inc. v. Thunder Craft Boats, Inc. (1989) Eli Lilly & Co. v. Medtronic, Inc. (1990) Markman v. Westview Instruments, Inc. (1996) Warner-Jenkinson Co. v. Hilton Davis Chemical Co. (1997) Pfaff v. Wells Electronics, Inc. (1998) Dickinson v. Zurko (1999) Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank (1999) J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc. (2001) Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (2002) Merck KGaA v. Integra Lifesciences I, Ltd. (2005) eBay Inc. v. MercExchange, L.L.C. (2006) Illinois Tool Works Inc. v. Independent Ink, Inc. (2006) LabCorp v. Metabolite, Inc. (2006) MedImmune, Inc. v. Genentech, Inc. (2007) KSR International Co. v. Teleflex Inc. (2007) Microsoft Corp. v. AT&T Corp. (2007) Quanta Computer, Inc. v. LG Electronics, Inc. (2008) Bilski v. Kappos (2010) Global-Tech Appliances, Inc. v. SEB S.A. (2011) Stanford University v. Roche Molecular Systems, Inc. (2011) Microsoft Corp. v. i4i Ltd. Partnership (2011) Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012) Kappos v. Hyatt (2012) Bowman v. Monsanto Co. (2013) Gunn v. Minton (2013) Association for Molecular Pathology v. Myriad Genetics, Inc. (2013) FTC v. Actavis, Inc. (2013) Alice Corp. v. CLS Bank International (2014) Akamai Techs., Inc. v. Limelight Networks, Inc. (2014) Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (2015) Kimble v. Marvel Entertainment, LLC (2015) Apple Inc. v. Samsung Electronics Co. (2016) TC Heartland LLC v. Kraft Foods Group Brands LLC (2017) Peter v. NantKwest, Inc. (2019)
Other trademark cases	G. & C. Merriam Co. v. Syndicate Pub. Co. (1915) Kellogg Co. v. National Biscuit Co. (1938) Patent and Trademark Office v. Booking.com B. V. (2020)

Necessary and Proper Clause of Section VIII
McCulloch v. Maryland (1819) Lambert v. Yellowley (1926) Sabri v. United States (2004) Gonzales v. Raich (2005) United States v. Comstock (2010) United States v. Kebodeaux (2013)

Habeas corpus Suspension Clause of Section IX
Ex parte Bollman (1807) Ex parte Merryman (1861) Ex parte Endo (1944) Immigration and Naturalization Service v. St. Cyr (2001) Boumediene v. Bush (2008) Department of Homeland Security v. Thuraissigiam (2020)

No Bills of Attainder or Ex post facto Laws Clause of Section IX
Calder v. Bull (1798) Sturges v. Crowninshield (1819) Ex parte Garland (1866) Hawker v. New York (1898) Samuels v. McCurdy (1925) Garner v. Board of Public Works (1951) De Veau v. Braisted (1960) Barr v. City of Columbia (1964) Teague v. Lane (1989) Kansas v. Hendricks (1997) Smith v. Doe (2003)

Contract Clause of Section X

Legal Tender Cases

Hepburn v. Griswold (1870)

Others

Fletcher v. Peck (1810)
Dartmouth College v. Woodward (1819)
Sturges v. Crowninshield (1819)
Ogden v. Saunders (1827)
Charles River Bridge v. Warren Bridge (1837)
Bronson v. Kinzie (1843)
Stone v. Mississippi (1880)
Smyth v. Ames (1898)
Block v. Hirsh (1921)
Home Building & Loan Ass'n v. Blaisdell (1934)
W.B. Worthen Co. v. Kavanaugh (1935)
City of El Paso v. Simmons (1965)
U.S. Trust Co. of N.Y. v. New Jersey (1977)
Allied Structural Steel Co. v. Spannaus (1978)
Energy Reserves Group v. Kansas P. & L. Co. (1983)
Exxon Corp. v. Eagerton (1983)
Keystone Bituminous Coal Ass'n v. DeBenedictis (1987)
Sveen v. Melin (2018)

Import-Export Clause of Section X
Brown v. Maryland (1827) Canton Railroad Co. v. Rogan (1951)

Compact Clause of Section X
Florida v. Georgia (1855) Virginia v. West Virginia (1871) Virginia v. Tennessee (1893) Wharton v. Wise (1894) Northeast Bancorp v. Federal Reserve Board of Governors (1985) New Jersey v. New York (1998) Virginia v. Maryland (2003) Polar Tankers, Inc. v. City of Valdez (2009) Texas v. New Mexico and Colorado (2018)

Statutes

Pre-1976	Copyright Act of 1790 Copyright Act of 1831 Copyright Act of 1870 International Copyright Act of 1891 Printing Act of 1895 Copyright Act of 1909
1970s	Copyright Act of 1976
1980s	Berne Convention Implementation Act of 1988
1990s	Visual Artists Rights Act (1990) Copyright Remedy Clarification Act (1990) Copyright Renewal Act of 1992 Audio Home Recording Act (1992) Uruguay Round Agreements Act (1994) No Electronic Theft Act (1994) Copyright Term Extension Act (1998) Fairness in Music Licensing Act of 1998 Digital Millennium Copyright Act (1998) Online Copyright Infringement Liability Limitation Act WIPO Copyright and Performances and Phonograms Treaties Implementation Act
2000s	Family Entertainment and Copyright Act (2005)
2010s	Unlocking Consumer Choice and Wireless Competition Act (2014) Music Modernization Act (2018)
2020s	CASE Act (2020)

Precedents
and rulings

Supreme Court	Wheaton v. Peters (1834) Baker v. Selden (1879) Trade-Mark Cases (1879) Burrow-Giles Lithographic Co. v. Sarony (1884) Banks v. Manchester (1888) Callaghan v. Myers (1888) Bobbs-Merrill Co. v. Straus (1908) White-Smith Music Publishing Co. v. Apollo Co. (1908) Williams & Wilkins Co. v. United States (1975) Sony Corp. of America v. Universal City Studios, Inc. (1984) Feist v. Rural (1991) Campbell v. Acuff-Rose Music, Inc. (1994) Quality King v. L'anza (1998) Eldred v. Ashcroft (2003) MGM Studios, Inc. v. Grokster, Ltd. (2005) Costco Wholesale Corp. v. Omega, S. A. (2010) Golan v. Holder (2012) Kirtsaeng v. John Wiley & Sons, Inc. (2013) American Broadcasting Cos., Inc. v. Aereo, Inc. (2014) Star Athletica v. Varsity Brands (2017) Fourth Estate v. Wall-Street.com (2019) Georgia v. Public.Resource.Org, Inc. (2020) Google LLC v. Oracle America, Inc. (2021) Andy Warhol Foundation v. Goldsmith (2023)
Appeals courts	Berlin v. E.C. Publications, Inc. (2d Cir. 1964) Roth Greeting Cards v. United Card Co. (9th Cir. 1970) Eltra Corp. v. Ringer (4th Cir. 1978) Walt Disney Productions v. Air Pirates (9th Cir. 1978) Midway Manufacturing Co. v. Artic International, Inc. (7th Cir. 1983) Apple Computer, Inc. v. Franklin Computer Corp. (3d Cir. 1983) Fisher v. Dees (9th Cir. 1986) Whelan v. Jaslow (3d Cir. 1986) Vault Corp. v. Quaid Software Ltd. (5th Cir. 1988) Rogers v. Koons (2nd Cir. 1992) Computer Associates International, Inc. v. Altai, Inc. (2d Cir. 1992) American Geophysical Union v. Texaco, Inc. (2nd Cir. 1995) Dr. Seuss Enters., L.P. v. Penguin Books USA, Inc.(9th Cir. 1997) Itar-Tass Russian News Agency v. Russian Kurier, Inc. (2d Cir. 1998) Sony Computer Entertainment, Inc. v. Connectix Corp. (9th Cir. 2000) Nunez v. Caribbean Int'l News Corp. (1st Cir. 2000) A&M Records, Inc. v. Napster, Inc. (9th Cir. 2001) Veeck v. Southern Building Code Congress Int'l (5th Cir. 2002) Kelly v. Arriba Soft Corp. (9th Cir. 2002 / 2003) In re Aimster Copyright Litigation (7th Cir. 2003) NXIVM Corp. v. Ross Institute (2d Cir. 2004) BMG Music v. Gonzalez (7th Cir. 2005) Bill Graham Archives v. Dorling Kindersley, Ltd. (2nd Cir. 2006) Blanch v. Koons (2nd Cir. 2006) Perfect 10, Inc. v. Amazon.com, Inc. (9th Cir. 2006) Cartoon Network, LP v. CSC Holdings, Inc. (2nd Cir. 2008) Ahanchian v. Xenon Pictures, Inc. (9th Cir. 2010) Penguin Group (USA) Inc. v. American Buddha (2d Cir. 2011) Monge v. Maya Magazines, Inc. (9th Cir. 2012) Viacom International Inc. v. YouTube, Inc. (2d Cir. 2012) Seltzer v. Green Day, Inc (9th Cir. 2013) Authors Guild, Inc. v. Google, Inc. (2d Cir. 2015) Lenz v. Universal Music Corp. (9th Cir. 2015) Naruto v. Slater (9th Cir. 2018)
Lower courts	Folsom v. Marsh (C.C.D. Mass. 1841) Elektra Records Co. v. Gem Electronic Distributors, Inc. (E.D.N.Y. 1973) Broderbund Software Inc. v. Unison World, Inc. (N.D. Cal. 1986) Playboy Enterprises, Inc. v. Frena (M.D. Fla. 1993) Bridgeman Art Library v. Corel Corp. (S.D.N.Y. 1999) RealNetworks, Inc. v. Streambox, Inc. (W.D. Wash. 2000) Mannion v. Coors Brewing Co. (S.D.N.Y. 2005) Arista Records LLC v. Lime Group LLC (S.D.N.Y. 2010) Capitol Records, LLC v. ReDigi Inc. (S.D.N.Y. 2013) Equals Three, LLC v. Jukin Media, Inc. (C.D. Cal. 2015) Hachette v. Internet Archive (S.D.N.Y. 2023)

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