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Broadcasters take their case against Aereo to the Supreme Court & Win


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195 replies to this topic

#1 OFFLINE   Athlon646464

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Posted 11 October 2013 - 03:14 PM

Broadcasters take their case against Aereo to the Supreme Court 
 
Fox may have been making an empty threat when it said it would go the paid TV route, if Aereo continued to stream its content online. But, that doesn't mean the broadcasters were just going to stomp their feet and let the start up carry on with it's plans to expand its streaming and cloud DVR offerings. 
 
Today, a group that includes not only Fox, but ABC, NBC, Telemundo, Univision, PBS and CBS petitioned the Supreme Court to hear their case.
 
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#2 OFFLINE   comizzou573

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Posted 12 October 2013 - 04:00 AM

I will definitely switch to this company from dish once they become big enough : )



#3 OFFLINE   Mike_TV

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Posted 12 October 2013 - 05:34 AM

I will definitely switch to this company from dish once they become big enough : )

At $8 a month and the first month free, I think it's a no-brainer to try out and play with for a month or two.  Just waiting for Chicago to come online and I'm there.



#4 OFFLINE   nmetro

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Posted 12 October 2013 - 11:42 AM

Sometimes coporate greed ends up being poetic justice. The broadcasters are suing because they air informercials, fluffy news, 20 minutes of comeercials per hour, and something that resembles programming, as a "public performance". That their broadcasts are copyrighted. While the content is; their signals are not. Even though, the US government, i.e. US citizens, own the frequencies which they used for these so called "public performamnces". The Supreme Court may acually rule in the favor of Aereo, because the broadcastsers use publicly owned frequencies. This may open the "can of worms" regarding charging cable and satellite companies fees for retranmission of signals. In other words, the brodcasters coudl see this blow up in their greedy corpoarte boardrooms.  The winners will be consumers who do not have to put up with ab naseum blackouts each time a retransmission consent agreement is being negotiated. Yes, broadcastsers could fight back, by streaming all their contents on the internet for a fee, but who will pay to watch commercial laden internet broadcasts for a fee? Especially, when more than 50% of prime time network programming consists of reality shows?



#5 OFFLINE   lparsons21

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Posted 12 October 2013 - 11:53 AM

'who will pay to watch commercial laden internet broadcasts for a fee'?

 

HuluPlus subscribers already do that!  :)


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#6 OFFLINE   comizzou573

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Posted 12 October 2013 - 07:16 PM

I think internet tv is going to be the next big thing, it would be like satellite where you can sub to any local market channel if you live in hawaii and want chicago locals instead you can get it. The only problem once they grow, your going to need really good internet connection that is the down side of it.



#7 OFFLINE   James Long

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Posted 12 October 2013 - 07:28 PM

I think internet tv is going to be the next big thing, it would be like satellite where you can sub to any local market channel if you live in hawaii and want chicago locals instead you can get it. The only problem once they grow, your going to need really good internet connection that is the down side of it.

The big IF is if such at scheme is allowed. At the moment Aereo is keeping their service "in market", which matches the law that satellite follows (except for getting permission and paying for the stations carried). Delivering stations out of market ... especially to markets that have a competing station ... is something that Aereo has not tried.

I do not expect Aereo (or any other company) will get permission to deliver network content on out of market stations. At best I can see the local content on any station in the country being available - but not network content and not syndicated content (if the owners push to protect it).

If Aereo manages to get permission to continue to deliver in market channels without following cable or satellite rules I'll be surprised ... and hope it changes satellite delivery rules in the process.
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#8 OFFLINE   SeaBeagle

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Posted 12 October 2013 - 07:51 PM

Aereo is weird. If you do not have a credit card billing address that Aero likes Aereo will not let you subscribe. Great way to start a new company. It seems like more and more companies are like this.

These seem to me to be companies set to as a tax write off for someone.

#9 ONLINE   inkahauts

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Posted 12 October 2013 - 08:28 PM

Probably one way how they confirm you live in the market that you are getting service in. Sent from my iPhone using DBSTalk

#10 OFFLINE   peds48

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Posted 13 October 2013 - 08:22 AM

Aereo is weird. If you do not have a credit card billing address that Aero likes Aereo will not let you subscribe. Great way to start a new company. It seems like more and more companies are like this.

These seem to me to be companies set to as a tax write off for someone.

perhaps because they dont provide service in that market....


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#11 OFFLINE   Gloria_Chavez

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Posted 13 October 2013 - 10:37 AM

The OTA TV broadcasters are also going after the Cablevision cloud DVR decision, "suggesting" that the case was wrongly decided, and that the Supreme Court erred when it refused to hear the arguments in 2009.


Since 1995 the average cable bill has increased 122%, while TV consumption per household just 13%.

http://www.multichan...1_Per_Month.php

http://blog.nielsen....-all-time-high/

#12 ONLINE   jsk

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Posted 13 October 2013 - 11:58 AM

If the broadcasters were to win this fight, would it mean that I cannot stream signals from my OTA module via Sling?


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#13 ONLINE   inkahauts

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Posted 13 October 2013 - 12:39 PM

No not the same thing at all. They are basically claiming that aero as a company is redistributing their signals and getting paid to do it. Not personal use at all.


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#14 OFFLINE   comizzou573

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Posted 13 October 2013 - 01:00 PM

The big IF is if such at scheme is allowed. At the moment Aereo is keeping their service "in market", which matches the law that satellite follows (except for getting permission and paying for the stations carried). Delivering stations out of market ... especially to markets that have a competing station ... is something that Aereo has not tried.

I do not expect Aereo (or any other company) will get permission to deliver network content on out of market stations. At best I can see the local content on any station in the country being available - but not network content and not syndicated content (if the owners push to protect it).

If Aereo manages to get permission to continue to deliver in market channels without following cable or satellite rules I'll be surprised ... and hope it changes satellite delivery rules in the process.

 

you can watch any news station you want over the internet, i dont see why it would be problem



#15 OFFLINE   Gloria_Chavez

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Posted 13 October 2013 - 01:01 PM

No not the same thing at all. They are basically claiming that aero as a company is redistributing their signals and getting paid to do it. Not personal use at all.


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Not really.  The Courts that have sided on Aero's behalf have used the Cablevison precedent, when Aero has argued that its technology is not different from Slingbox's.

 

If Aereo loses, so does Slingbox.

 

 

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The strength of the Cablevision Case’s private versus public performance distinction was recently put to the test, however, when the TV networks sued Aereo in the Southern District of New York for direct and secondary copyright infringement. The only decision rendered in the case thus far concerns the Plaintiffs’ preliminary injunction motion, American Broadcasting Companies, Inc. v. Aereo, Inc., No. 12 Civ. 1540 (AJN), 2012 U.S. Dist LEXIS 96309 (S.D.N.Y. July 11, 2012) (“Aereo Case”), which was specifically limited in scope, dealing only with the Plaintiffs’ claims that Aereo was directly liable for publicly performing the Plaintiffs’ copyrighted works. At the outset, the court acknowledged that the core issue in deciding the motion was “the applicability of the Second Circuit’s decision in Cablevision” given the similarity between Aereo’s technology and Cablevision’s RS-DVR. Accordingly, Aereo argued, much like Cablevision, that it effectively rents to its users remote equipment comparable to what these users could install at home, characterizing its system “as merely allowing users to rent a remotely located antenna, DVR and Slingbox-equivalent device, in order to access content they could receive for free and in the same manner merely by installing the same equipment at home.”

       

Edited by Gloria_Chavez, 13 October 2013 - 01:03 PM.

Since 1995 the average cable bill has increased 122%, while TV consumption per household just 13%.

http://www.multichan...1_Per_Month.php

http://blog.nielsen....-all-time-high/

#16 ONLINE   inkahauts

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Posted 13 October 2013 - 01:03 PM

Just because aero claims they are the same as sling doesn't mean the courts or anyone else agrees at all. It's bad form to even suggest this.


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#17 ONLINE   inkahauts

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Posted 13 October 2013 - 01:05 PM

you can watch any news station you want over the internet, i dont see why it would be problem


And as I said earlier in another thread news is not at all the same as the rest of tv.


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#18 OFFLINE   Gloria_Chavez

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Posted 13 October 2013 - 01:18 PM

Just because aero claims they are the same as sling doesn't mean the courts or anyone else agrees at all. It's bad form to even suggest this.


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Fox disagrees.  Ultimately, SCOTUS will decide.

 

*************

Why Slingbox Is Finally Getting the Aereo Treatment

 

March 8, 2013

 

http://variety.com/2...ect-1200005356/

 

Fox disagrees, and its attorneys argued that “any purported right that Dish believes consumers have to ‘place shift’ live broadcast programming does not apply here because Dish is not a consumer. It is not ‘consumer place-shifting’ when Dish retransmits Fox’s signal over the Internet, in violation of its license agreement, to get more people to subscribe to Dish Network. It is piracy.”

 

......................

 

So what happens if Fox and other broadcasters prevail?

 

Analyst Richard Greenfield of BTIG Research noted in a recent blog post that if Fox wins, “it would mean that Slingboxes are illegal for consumers to use, unless an agreement is reached with content holders (which we doubt would ever happen).” He also noted the irony that many media industry executives are faithful users of Sling: They use it to check their operations around the country.

 

*************


Since 1995 the average cable bill has increased 122%, while TV consumption per household just 13%.

http://www.multichan...1_Per_Month.php

http://blog.nielsen....-all-time-high/

#19 ONLINE   inkahauts

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Posted 13 October 2013 - 08:15 PM

FOX wants people to pay if they even sneeze. They are idiots. Sling isn't at all the same. It's one login at a time for a box connected at your home. Not a server farm somewhere else that stores all your info. How it's done make a big difference.

FOX might get the idea of sling built in kicked but I doubt it. The fact is they are mad because it's allowing dish to circumvent the contracts DIRECTV and others have to stream the channels on tv everywhere platforms.


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#20 OFFLINE   James Long

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Posted 13 October 2013 - 09:10 PM

It is not ‘consumer place-shifting’ when Dish retransmits Fox’s signal over the Internet, in violation of its license agreement, to get more people to subscribe to Dish Network. It is piracy.”


Fox has it wrong. DISH is not retransmitting Fox's signal over the Internet. The consumer is retransmitting the signal. The consumer is responsible for their own bandwidth at both ends of the service. DISH is not hosting a farm of streaming equipment at an ISP or other data co-location site (like Aereo is doing). DISH's Slingbox is an individual customer streaming to themselves.
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