NBC v. SATELLITE BROADCAST NETWORKS

No. 90-8597.

940 F.2d 1467 (1991)

NATIONAL BROADCASTING COMPANY, INC., Plaintiff-Appellee, v. SATELLITE BROADCAST NETWORKS, INC., Defendant-Appellant. NBC TELEVISION AFFILIATES, Plaintiff-Appellee, v. SATELLITE BROADCAST NETWORKS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 4, 1991.


Attorney(s) appearing for the Case

David H. Flint, Alexander J. Simmons, Jr., Schreeder, Wheeler & Flint, Atlanta, Ga., Gardner F. Gillespie, Jeremy H. Stern, Steven J. Horvitz, Hogan & Hartson, Washington, D.C., for Satellite Broadcast Networks, Inc.

James A. Demetry, Terrence B. Adamson, Dow, Lohnes & Albertson, Atlanta, GA., Jonathan D. Hart, David J. Wittenstein, Werner K. Hartenberger, Dow, Lohnes & Albertson, Washington, D.C., for NBC Television Affiliates.

Joseph R. Bankoff, R. Byron Attridge, King & Spalding, Atlanta, Ga., Jerome J. Shestack, Ronald E. Karam, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for National Broadcasting Co., Inc.

Before EDMONDSON and DUBINA, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


ESCHBACH, Senior Circuit Judge:

Is Satellite Broadcast Networks, Inc. ("SBN") a "cable system" under 17 U.S.C. § 111? If it is, then it was free to rebroadcast the television signal of a National Broadcasting Company (NBC) affiliate. If not, then SBN is liable to NBC for copyright infringement. We conclude that SBN is a cable system and so reverse the District Court's summary judgment in NBC's favor.

The facts are undisputed. SBN has facilities in Georgia...

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