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DISH NETWORK CORP. v. F.C.C.

No. 10-16666.

653 F.3d 771 (2011)

DISH NETWORK CORPORATION; DISH Network, L.L.C., Plaintiffs-Appellants, v. FEDERAL COMMUNICATIONS COMMISSION; Julius Genachowski; Michael J. Copps; Robert M. McDowell; Mignon Clyburn; Meredith Attwell-Baker; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2011.

Amended August 9, 2011.

Attorney(s) appearing for the Case

Courtney J. Linn , Orrick, Herrington & Sutcliffe LLP, Sacramento, CA; E. Joshua Rosenkranz (argued), Orrick, Herrington & Sutcliffe, LLP, New York, NY, for plaintiffs-appellants DISH Network Corporation and DISH Network, L.L.C.

Tony West , Assistant Attorney General; Daniel G. Bogden , United States Attorney; Mark B. Stern (argued) and Dina B. Mishra , Department of Justice, Washington, D.C. for defendants-appellees Federal Communications Commission, Julius Genachowski, Michael J. Copps, Robert M. McDowell, Mignon Clyburn, Meredith Attwell-Baker, United States of America.

Before: J. CLIFFORD WALLACE, BARRY G. SILVERMAN, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

The opinion filed on February 24, 2011, and published at 636 F.3d 1139 (9th Cir. 2011) is superseded by the amended opinion below. The opinion is amended as follows:

(1) At 636 F.3d at 1148: Remove <The satellite carriers benefit from the statutory copyright license established through SHVIA. In return, Congress may place reasonable limitations on the use of that license, which is all Congress has done here. It...

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