John Thorne , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for amicus curiae The Internet Association. Also represented by Matthew A. Seligman ; Aaron M. Panner , Law Office of Aaron M. Panner, PLLC, Washington, DC.
Jeffrey A. Lamken , MoloLamken LLP, Washington, DC, for amicus curiae Business Software Alliance.
Steven Metalitz , Mitchell, Silberberg & Knupp, LLP, Washington, DC, for amicus curiae Association of American Publishers.
Opinion for the court filed by Chief Judge PROST. Concurring opinion filed by Circuit Judge O'MALLEY. Dissenting opinion filed by Circuit Judge NEWMAN.
PROST, Chief Judge.
The Tariff Act of 1930 provides the International Trade Commission ("Commission") with authority to remedy only those unfair acts that involve the importation of "articles" as described in 19 U.S.C. § 1337(a). Here, the Commission concluded that "articles" "should be construed to include electronic transmission of digital...
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