appeal the district court's decision regarding the user-modified images; thus, the Third Circuit analyzed fair use for only the unaltered copy. The Third Circuit, disagreeing with the district court, ruled that WKXW's use of the copy of the photograph had the same purpose as the original: to illustrate Carton and Rossi winning the "best shock jocks" award. Furthermore, while Murphy did not suffer direct economic harm from WKXW's copying, the court noted that widespread manifestations of similar copying would be economically harmful to photographers in general. Consequently, the Third Circuit found that WKXW's use of the unaltered picture was not a fair use. Defamation Regarding Murphy's claims of defamation, the district court, citing precedents, stated: Using this analysis, the district court ruled that in the context of Carton and Rossi being shock jocks, their words were merely "rhetorical hyperbole, name-calling or verbal abuse" and did not constitute defamation. The court further held that accusing someone of being a homosexual is not defamatory under any circumstance, since treating an inference of homosexuality as derogatory would "legitimize discrimination of gays and lesbians." On appeal, the Third Circuit decided that the district court had wrongly granted summary judgment before adequate evidence had been gathered. The radio station had destroyed the recording of the alleged defamatory statements, and Carton and Rossi had not yet been deposed with regards to the defamation claim before the district court issued its decision. The Third Circuit thus vacated and remanded the district court's decision so that Murphy could gather the evidence relevant to the defamation claim. Ramifications and Current Status Prior to this decision, only district courts had addressed the scope of §1202, with their decisions differing amongst several interpretations. The narrower interpretations read §1202 in the context of §1201 as well as the overarching purpose of the DMCA, both of which specifically address "technological measures" for copyright protection. The narrower interpretations thus held that non-digital forms of CMI were already covered under the Copyright Act, and therefore were not within the scope of the DMCA. Broader interpretations, upheld by the Third Circuit in this decision, held that §1202 applied to all CMI enumerated in §1202(c), including those unrelated to technology or digitization. Proponents of the broad interpretation argued that §1202 must have a scope beyond purely digital CMI, or the phrase "including in digital form" in the statute would be redundant. A broad CMI interpretation would allow