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34 Loy. L.A. Ent. L. Rev. [i] (2013-2014)

handle is hein.journals/laent34 and id is 1 raw text is: LOYOLA OF LOS ANGELES ENTERTAINMENT LAW REVIEW VOLUME THIRTY-FOUR 2013-2014 NUMBER ONE TABLE OF CONTENTS ARTICLES BATCHES OF MISMATCHES REGARDING LACHES: A COPYRIGHT-FOCUSED ANALYSIS OF LACHES WHEN THE STATUTE OF LIMITATIONS HAS NOT YET RUN by Scott M . Salom on ............................................................................................. 1 This comment analyzes the Circuit split regarding whether laches can bar copyright infringement claims prior to the statute of limitations running and offers a recom- mendation for a resolution when the United States Supreme Court rules in Petrella v. Metro-Goldwyn-Mayer. The comment is split into five sections. First, it provides background information, including historical and general information on copyright, laches, the statute of limitations, and the difference between equitable and legal remedies. Next, the comment analyzes cases from each Circuit to understand where they lie on the spectrum of the Circuit split, ranging from complete prohibition of laches to allowing it as a complete bar to all remedies. The comment then discusses the Ninth Circuit's treatment of Petrella and the possibility that the concurring opin- ion signals a shift in jurisprudence. Ultimately, the comment recommends that the Supreme Court should establish a rule consistent with the legislative history of the Copyright Act and hold that laches should be available as a defense to copyright in- fringement and that it should only bar equitable remedies. ADAPT OR DIE: AEREO, IVI, AND THE RIGHT OF CONTROL IN AN EVOLVING DIGITAL AGE by Johanna R. Alves-Parks ........................................................................... 33 The advent of the Intemet has had a great effect on the production, distribution, and consumption of television programming. The Supreme Court granted certiorari to ABC, Inc. v. Aereo, Inc. and will now review the issue of unlicensed digital distribution of copyrighted programming in its Spring 2014 term. This Comment will first briefly examine the origins and interconnection between television and digital media, culminating in a discussion of the repercussions of allowing unlicensed over-the-top retransmissions of network broadcast programming to continue to stream over the