An anonymous reader quotes a report from TorrentFreak: Following on the heels of the landmark Cox v. Sony ruling, the Supreme Court has vacated the contributory copyright infringement verdict against ISP Grande Communications, ordering the Fifth Circuit to reconsider its decision in light of the new precedent. [...] The order (PDF) effectively removes the case from the Supreme Court docket, urging the Fifth Circuit Court of Appeals to take another look at its decision in light of the new ruling. Given the similarities between the two cases, it is no surprise that the Supreme Court came to this conclusion. It is now up to the Fifth Circuit to revisit whether Grande's conduct meets the intent threshold that was established in Cox. That is a significantly higher bar than the one applied in the original verdict, which found that continuing to provide service to known infringers was enough to establish material contribution. The music companies previously said they sent over a million copyright infringement notices, but that Grande failed to terminate even a single subscriber account in response. However, without proof of active inducement, these absolute numbers carry less weight now. Whether this translates into a win for Grande on remand remains to be seen. For now, however, the original $47 million verdict is further away than ever.

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An anonymous reader quotes a report from Reuters: A federal appeals court ruled on Monday that New Jersey gaming regulators cannot prevent Kalshi from allowing people in the state to use its prediction market to place financial bets on the outcome of sporting events. A three-judge panel of the Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled 2-1 (PDF) in finding that the U.S. Commodity Futures Trading Commission has exclusive jurisdiction over the sports-related event contracts that Kalshi allows people to trade on its platform. The ruling marked the first time a federal appeals court has ruled on what has become the central issue in an escalating battle over the ability of state gaming regulators to police the activity of prediction market operators. Kalshi and companies like it allow users to place trades and profit from predictions on events such as sports and elections. States argue that firms like Kalshi are operating without required state licenses, in violation of gaming laws, including bans on wagers by those under 21. Those states include New Jersey, which last year sent Kalshi a cease-and-desist letter stating that its listing of sports-related event contracts on its platform violated state gambling laws that prohibit betting on collegiate sports. Kalshi sued the state, arguing its event contracts qualify as "swaps," a type of derivative contract, that under the Commodity Exchange Act can only be regulated by the CFTC, which had granted the company a license to operate a designated contract market (DCM). A lower-court judge had sided with New York-based Kalshi and issued a preliminary injunction, prompting New Jersey to appeal. But a majority of the judges on the 3rd Circuit panel concluded the Commodity Exchange Act likely preempted state law. "Kalshi's sports-related event contracts are swaps traded on a CFTC-licensed DCM, so the CFTC has exclusive jurisdiction," U.S. Circuit Judge David Porter wrote. The ruling was in line with the position advanced in other litigation by the CFTC under President Donald Trump's administration. The regulator last week sued Arizona, Connecticut and Illinois to prevent them from pursuing what it called unlawful efforts to regulate prediction markets.

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