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CABLE NEWS NETWORK v. VIDEO MONITORING SERVICES

No. 90-8798.

940 F.2d 1471 (1991)

CABLE NEWS NETWORK, INC., Plaintiff-Appellee, v. VIDEO MONITORING SERVICES OF AMERICA, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 4, 1991.

Attorney(s) appearing for the Case

Christopher P. Bussert, Jerre B. Swann, Kilpatrick & Cody, Atlanta, Ga., Daniel J. Goldstein, Bruce P. Keller, DeBevoise & Plimpton, New York City, for defendant-appellant.

William T. Plybon, June Ann Kirkland, Troutmen, Sanders, Lockerman & Ashmore, Atlanta, Ga., for plaintiff-appellee.

Before FAY and BIRCH, Circuit Judges, and HOFFMAN, Senior District Judge.

BIRCH, Circuit Judge:

The technologically-induced collision between the free speech doctrine and a broadcast media-owned copyright produced the dispute in this lawsuit. In this interlocutory appeal by Video Monitoring Services, Inc. ("VMS") from the grant of a preliminary injunction in favor of Cable News Network, Inc. ("CNN") predicated on a claim of copyright infringement, we are asked to review both the propriety of the remedy as well as its scope. After the United...

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