I sympathize with the guy who had line-of-sight issues. Or anyone who lives in a multi-unit building, or far from the Big Antennas. However, I just got an antenna ($80) and had it installed on my roof. 40 miles or so to Twin Peaks' antennas, no obstacles. Boom: 800 channels (some paywalled), many in languages other than English. Next is to roll my own DVR. Should be easy, right?
A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
21–30 of 41 posts
Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#22This article is making the engineer's mistake regarding reasoning about copyright infringement and the law. The courts do not care how the copy was made, they care about what markets the copying would allow someone to get into. "Cloud DVRs are OK but only if the kernel, filesystem, and hardware take great pains to ensure separate physical storage locations for and no compression on each customer-created copy" is absu…
Cablevision is absolutely by its terms hugely reliant on the nitty-gritty technical details of how the DVR service there worked. The court had to kind of wind itself up in knots to work around the existing MAI v. Peak precedent (copies to RAM are actionable infringing copies) and the fact that the service existed just to make these copies, so it gets very in the weeds on how things are stored and the amount of time things are in buffers and so on.
Ultimately, it's probably true the most important thing was that Cablevision were an established player in an existing, uncontroversial market and they were making an iteration on the already allowed and understood "time-shifting" recording systems. But other players in the market shouldn't really be faulted for taking the court at its word that the details actually mattered. Sometimes they really do!
MAI v. Peak, mentioned in the article and above in my comment is a great example of that: the 9th Circuit holds that a computer copying the OS into RAM is a "copy" for the Copyright Act, thanks to the statutory definition of a work being "fixed." Result: a repair technician violates copyright by turning on the computer because he doesn't have a license. This is kind of the polar opposite type of decision to, say, Aereo's case: it's actually quite disruptive but hinges more on the literal definitions in the law and things like the computer not being on already, thus requiring the "copy" to be made. Congress actually changed the Copyright Act to counter this decision but in an extremely specific way, so the general "stuff in RAM is fixed and therefore a copy" principle remains and comes up often.
Aereo lost because they would upset the applecart of retransmission fees, Locast similarly though for nominally quite different reasons. It can be quite difficult to tell in advance if you're going to get a "letter of the law" decision from the courts or something more results-oriented, even from the same court.
An often-unappreciated wrinkle is the more or less total dysfunction of Congress leading to court decisions taking on ever more importance. The courts themselves aren't blind to this, leading probably to more results-oriented decisionmaking than there might be otherwise.
Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#23I sympathize with the guy who had line-of-sight issues. Or anyone who lives in a multi-unit building, or far from the Big Antennas. However, I just got an antenna ($80) and had it installed on my roof. 40 miles or so to Twin Peaks' antennas, no obstacles. Boom: 800 channels (some paywalled), many in languages other than English. Next is to roll my own DVR. Should be easy, right?
Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#24What infuriates me the most about this ruling is that long term effects of it. Locast did what they did and inserted ads every 15 minutes because they knew nobody would not contribute to hosting costs without some reason. Had they made it so it was interruption at the start only, _maybe_ it could have held up better in court. And I agree on that front. Remove the donate video from showing every 15 minutes, and only s…
The ruling argued that collecting funds to expand more throughout the US was not valid for their non-profit status for some reason that made no sense. The law granting them the exception from copyright law that would have allowed them to stream in the first place strictly limited the way funds could be raised and spent by entities claiming the non-profit exemption. The law is several decades old, and predates the int…
Isn't that a valid use of the non-profit status? That as long as the funding from donations was going towards that expansion only, it can still be considered a non-profit? Looking at the quick Wikipedia definition, that seems to be the case, if you consider Locast's mission is to provide retransmission of OTA broadcasts to all people in the US.
> "A second misconception is that nonprofit organizations may not make a profit. Although the goal of nonprofits isn't specifically to maximize profits, they still have to operate as a fiscally responsible business. They must manage their income (both grants and donations and income from services) and expenses so as to remain a fiscally viable entity. Nonprofits have the responsibility of focusing on being professional, financially responsible, replacing self-interest and profit motive with mission motive." [1]
PBS is also a non-profit, but PBS does something similar in that certain content is locked behind their "PBS Passport" subscription. If this ruling that requiring donations view without interruption, then PBS is also violating non-profit status based on your statement regarding "Locast chose not to operate like a non-profit." But Locast attempted to resolve that and remove the interruptions entirely, but was still required to completely shutdown and was given 0 chance to adjust... My understanding about hte reasoning for shutting down is that using collected funds, via any means, expansion across the US isn't allowed for some questionable reason under the section of the law Locast was using.
[1]: https://en.wikipedia.org/wiki/Nonprofit_organization#Managem...
Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#25Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#26It's awesome how Aereo's efforts to obey the law are what the court didn't like.
Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#27Earlier quoted context omitted.
In other words, record companies are killing music, and it's legal. That's what we need to fix. Record companies are paying for the music. It takes a lot of money to produce tracks. Most artists never get enough fans or sales to pay off the investment the record company made in them, so the hits very much pay for the failures.
The world no longer needs conglomerate record companies. Their antiquated business model is not a valid reason government should step in to protect them. The barrier to entry for artists making and releasing/monetizing music has never been lower. The artists can just make music at home and bootstrap themselves, no investment needed.
The barrier has never been lower indeed, but it's the barrier to get started and it's still easily a many-thousand-dollars affair - a good recording and Soundcloud isn't everything you need to make money, especially not on a scale you'll be able to make a living from. Production of physical media (especially currently en vogue vinyls) is expensive plus there is a very real "inventory risk" (aka, the risk of being stuck with a truckload of vinyls no one wants to buy). Events and concerts are expensive AF to set up if you want more than your local community center or pub, touring is even harder to pull off (and the bigger the venue the more expensive the upfront, non-refundable costs go).
Most small cover and indie bands barely make ends meet, most work full-time jobs to finance their band hobby and spend sometimes their entire weekends and vacation time because they have to do lighting, rigging and sound system setup themselves wherever they get a gig. And corona has raided everyone's funds dry.
Not to say big studios aren't a bunch of unscrupulous, exploitative vipers because they are, but unfortunately their business model is far from dead.
(Source: know people still in this business, did myself a stint as a stagehand and as a renter of my small scale sound/light setup a couple years ago)
Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#28Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#29This article is making the engineer's mistake regarding reasoning about copyright infringement and the law. The courts do not care how the copy was made, they care about what markets the copying would allow someone to get into. "Cloud DVRs are OK but only if the kernel, filesystem, and hardware take great pains to ensure separate physical storage locations for and no compression on each customer-created copy" is absu…
> "Cloud DVRs are OK but only if the kernel, filesystem, and hardware take great pains to ensure separate physical storage locations for and no compression on each customer-created copy" is absurd and no judge is going to go for that. Reminds me of Aereo, the company that rented remote antennas to customers so that they can stream over the Internet what their antennas captured. Supreme court decided that they were vi…
Re: A $795M analogy: Locast, broadcast copyright, and the fall of big antenna
#30I sympathize with the guy who had line-of-sight issues. Or anyone who lives in a multi-unit building, or far from the Big Antennas. However, I just got an antenna ($80) and had it installed on my roof. 40 miles or so to Twin Peaks' antennas, no obstacles. Boom: 800 channels (some paywalled), many in languages other than English. Next is to roll my own DVR. Should be easy, right?
> I sympathize with the guy who had line-of-sight issues. Or anyone who lives in a multi-unit building, or far from the Big Antennas. > However... I don't mean to be uncharitable, but the "however" you wrote is doing a lot of the work here. A lot of people are saying that Locast is pointless or not a big deal because, well, they put up an antenna and it worked so no problem. Except that it is a problem. I used Locast…
You are, though. I'm so sorry this happened to you. It must be awful for you. I'll try to never mention anything good that happened to me, ever again.