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Orth-O-Vision, Inc. v. Home Box Office

United States District Court for the Southern District of New York
474 F. Supp. 672 (1979)


Home Box Office (HBO) (defendant) was a subscription cable television channel. HBO transmitted programming to service affiliates, and the affiliates sold programming to individual subscribers. One of HBO’s affiliates was Orth-O-Vision, Inc. (plaintiff), which served subscribers in the Queens, New York area. HBO and Orth-O-Vision had a contract dispute over the affiliate agreement. Orth-O-Vision sued HBO, and HBO counterclaimed for theft of services under the New York Penal Law, copyright infringement, and other claims. HBO moved for partial summary judgment on the theft of services claim.

Rule of Law


Holding and Reasoning (Gagliardi, J.)

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