Writing an Amicus in Cablevision
I’m currently working on an amicus in the Cablevision Network DVR case, with the enormously talented Henry Lanman.
The argument is for reversal. And the brief says, roughly, that -
1. The district court’s decision creates an end-run around Sony & Grokster; and
2. It creates regulatory asymmetry, by picking a “winner” as between “Network-based” and “Device” DVR.
The waiver of secondary liability really throws a wrench into this case; my basic argument is that the second circuit should take that waiver seriously, instead of throwing elements of principal-agent analysis into direct liability.