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VIDEO PIPELINE v. BUENA VISTA HOME ENTERTAINMENT

No. 02-2497.

342 F.3d 191 (2003)

VIDEO PIPELINE, INC. v. BUENA VISTA HOME ENTERTAINMENT, INC. Buena Vista Home Entertainment, Inc.; Miramax Film Corp., Counterclaim-Plaintiffs v. Video Pipeline, Inc., Counterclaim-Defendant Video Pipeline, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed August 26, 2003.

As Amended September 19, 2003.

Attorney(s) appearing for the Case

Paul R. Fitzmaurice (Argued), Lisa A. Sabatino, Pelino & Lentz, Philadelphia, PA, for Appellant.

Gary A. Rosen (Argued), Law Offices of Gary A. Rosen, P.C., Patrick Madamba, Jr., Esquire, Akins, Grump, Strauss, Hauer & Feld, Philadelphia, PA, for Appellee.

Jon A. Baumgarten, William M. Hart, Proskauer Rose LLP, New York, NY, for Amicus Curiae Motion Picture Association of America, Inc.

Before: BECKER, NYGAARD, and AMBRO, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

In this copyright case we review the District Court's entry of a preliminary injunction against Video Pipeline, Inc.'s on-line display of "clip previews." A "clip preview," as we use the term, is an approximately two-minute segment of a movie, copied without authorization from the film's copyright holder, and used in the same way as an authorized movie "trailer." We reserve the term "trailer" for previews created...

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