The Supreme Court is wrong- the reason cable companies are treated as a 'public' performance of a work is that their distribution medium is shared- any subscriber can tune into that broadcasting of that work over a shared common carrier where one copy of the work is transmitted and many subscribers can view it. Aereo is different in that it only transmits the signal captured to a single subscriber at a time, removing…
Aereo's setup is absurd. Placing hundreds if not thousands of identical antennas on a rooftop, capturing identical signals and sending them, individually, to users. That's expensive and inefficient. The only reason they did it was to exploit a potential loophole in the current law - and now the Supreme Court has effectively closed that loophole.
Supreme court: Aereo is violating copyright law [pdf]
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Re: Supreme court: Aereo is violating copyright law [pdf]
#62This doesnt make sense. You are paying for renting the antenna. You're not paying for the content.
How exactly does Aereo work? You rent an antenna from them, they record the show for you, and you can play it back at a later time?
IANAL, but felt like the DVR functionality really clouded the case and possibly skewed it away from Aereo. Harder to claim you are merely an antenna when you are recording, too.
Re: Supreme court: Aereo is violating copyright law [pdf]
#63The Supreme Court is wrong- the reason cable companies are treated as a 'public' performance of a work is that their distribution medium is shared- any subscriber can tune into that broadcasting of that work over a shared common carrier where one copy of the work is transmitted and many subscribers can view it. Aereo is different in that it only transmits the signal captured to a single subscriber at a time, removing…
The Supreme Court is not able to be wrong on a matter of U.S. law. It gets to decide what that law means, not you. It's not the decision I'd hoped for, nor the one I'd make, but it's nonsense to claim that it's "wrong". All we can do about it now is to get the law changed.
The Supreme Court decides interpretations of law, but the law itself (as written or as interpreted) is quite capable of being wrong. Law does not determine morality.
Re: Supreme court: Aereo is violating copyright law [pdf]
#64Earlier quoted context omitted.
Describing Roberts as liberal is a great stretch
Pretty sure he's the one who "saved" Obamacare when it went to Supreme Court.
2. Roberts has a deep and wide judicially conservative record. He cannot be called "liberal" in the context of American politics; it's not even up for debate. The man and his judicial practice is as conservative as they come.
3. I really don't see why it matters. The justices' political leanings have nothing to do with whether or not their decisions are "correct" or not (although it may provide insight into why they decide one way or another).
[0]www.heritage.org
Re: Supreme court: Aereo is violating copyright law [pdf]
#65Earlier quoted context omitted.
Describing Roberts as liberal is a great stretch
Pretty sure he's the one who "saved" Obamacare when it went to Supreme Court.
Re: Supreme court: Aereo is violating copyright law [pdf]
#66This doesnt make sense. You are paying for renting the antenna. You're not paying for the content.
When I look at their offerings, I can immediately see that they're selling a streaming TV service and it just happens to be implemented by receiving radio-frequency broadcasts. Supreme Court justices aren't idiots, and they can probably see that too.
Re: Supreme court: Aereo is violating copyright law [pdf]
#67Down. Any mirrors?
Re: Supreme court: Aereo is violating copyright law [pdf]
#68Earlier quoted context omitted.
Aereo's setup is absurd. Placing hundreds if not thousands of identical antennas on a rooftop, capturing identical signals and sending them, individually, to users. That's expensive and inefficient. The only reason they did it was to exploit a potential loophole in the current law - and now the Supreme Court has effectively closed that loophole.
It's called scaling horizontally, and pretty much every company that cares about service availability does it. Is that really your argument?
Re: Supreme court: Aereo is violating copyright law [pdf]
#69Aereo is not violating anything but they should have prepared for something like this. Absurdity is common when you are trying to provide similar service to the consumer in a better way without creating monopoly.
>Aereo is not violating anything but they should have been prepared for something like this. In what other sense could they have been prepared? They fully expected to end up in the courts, likely through the supreme court, and planned appropriately. They lost the case, but it doesn't seem to be for lack of preparation.
Re: Supreme court: Aereo is violating copyright law [pdf]
#70Seems like, because Aereo isn't just a hardware renter but also an integrated SaaS provider, they were treated as such. The court opinion talks in terms of user interaction with menus on the site to select shows. We're kidding ourselves if this works anything like "hardware rental". If it were, it would feel more like AWS.
This. Aereo wanted to define the activity by drawing a box around the tiny antenna and the user. The Supremes draw the box around Aereo and their customer base.
Edit: having read the decision, it seems there were companies that provided antenna services back in the 60's, and congress amended the copyright act to forbid them. The ability for Aereo subscribers to choose which material is transmitted is key to Aereo's argument.