Connecting Is Not Displaying: The Fifth Circuit Rejects the Server Test for a New “Transmit Requirement”
Written by Harrison Newman On August 27, 2026, the Fifth Circuit became the first court of appeals to reject the Ninth Circuit’s “server test” for copyright’s public display right, scrapping that test in favor of a new “transmit requirement” that “likely provides similar results as the server test in many ways.” Emmerich Newspapers, Inc. v. Particle Media, Inc., No. 25-60550, 2026 WL 2530247, at *6 … Continue reading Connecting Is Not Displaying: The Fifth Circuit Rejects the Server Test for a New “Transmit Requirement”
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