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


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192 replies to this topic

#101 OFFLINE   Gloria_Chavez

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Posted 11 January 2014 - 11:17 AM

SCOTUS has been pretty much bought and paid for by NAB/MPAA/RIAA and big business in general, so I don't expect a ruling in favor of consumers.

 

BigTech is worth far more than BigHollywood right now.  A decision against Aereo could have negative implications on cloud providers.

 

What will SCOTUS decide?  Will be close.  The ruling allowing consumer recordings of TV programs (Universal v Sony) was a 5-4 decision.


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#102 OFFLINE   comizzou573

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Posted 12 January 2014 - 04:38 AM

So I can basically get a virtual private network (vpn), and change my region to new york to subscribe to the New York locals. I hope this law passes then satellite companies can provide distant networks through them.



#103 OFFLINE   sigma1914

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Posted 12 January 2014 - 05:04 AM

So I can basically get a virtual private network (vpn), and change my region to new york to subscribe to the New York locals. I hope this law passes then satellite companies can provide distant networks through them.

You need your credit card billing address in New York for the NY locals on Aereo. I just signed up last week because they offer our Dallas locals and that's one of their verifications.


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#104 OFFLINE   kenglish

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Posted 12 January 2014 - 09:33 AM

I wish CBS (and the other networks) would take their content to a "cable only" distribution.  That would allow the local broadcasters to innovate a little bit, and offer more locally interesting content, more local news and weather, and mix it up.

All it would "allow" the local broadcasters to do is, fill more time with useless "stories" about "apps", and run more and more goofy YouTube "Viral Videos" about kittens, puppies and babies".

Producing real news costs a lot of money. That's why stations with no major network affiliation (and the ratings that come with it) rarely produce local news programming. And, the ones that do, are usually owned or operated by a network affiliate, which already has a news department.



#105 OFFLINE   Herdfan

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Posted 25 June 2014 - 09:06 AM

Aero Loses!

 

http://www.foxnews.c...tcmp=latestnews


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#106 OFFLINE   Athlon646464

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Posted 25 June 2014 - 10:29 AM

Diller says it's over.......

 

Barry Diller says “We did try, but it’s over now”, Aereo investor Barry Diller told CNBC following this morning’s Supreme Court ruling that Aereo violates TV station copyrights when it streams their over-the-air signals without their permission. 


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#107 OFFLINE   Satelliteracer

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Posted 25 June 2014 - 10:51 AM

Not surprised.


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#108 OFFLINE   Stuart Sweet

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Posted 25 June 2014 - 10:55 AM

Just saddened that it had to go this way when the most logical solution would have been for the FCC to fix the loophole that created this mess.
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#109 OFFLINE   Jtaylor1

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Posted 25 June 2014 - 11:11 AM

That's a deathblow to free online streaming. Goodbye Youtube and Dailymotion.



#110 OFFLINE   maartena

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Posted 25 June 2014 - 11:50 AM

That's a deathblow to free online streaming. Goodbye Youtube and Dailymotion.

 

Do you even know what this case is about? Youtube and the likes have little to do with that.


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#111 OFFLINE   dpeters11

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Posted 25 June 2014 - 11:57 AM

And reading the dissent, those who don't agree with the ruling aren't necessarily on Aereo's side.

 

"I share the Court’s evident feeling that what Aereo is 

doing (or enabling to be done) to the Networks’ copyrighted
programming ought not to be allowed. But perhaps we
need not distort the Copyright Act to forbid it. "


#112 OFFLINE   Bill Broderick

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Posted 25 June 2014 - 11:59 AM

Just saddened that it had to go this way when the most logical solution would have been for the FCC to fix the loophole that created this mess.

 

Is it a loophole created by the FCC or is it Congress?



#113 OFFLINE   Satelliteracer

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Posted 25 June 2014 - 12:02 PM

That's a deathblow to free online streaming. Goodbye Youtube and Dailymotion.

 

How?  The issue here was copyright infringement.  If online streamers are paying for the content from the providers and then reselling, there is no issue.  Aereo wasn't doing that, thus the issue.  If Aereo were to provide this service and pay CBS, ABC, Fox, NBC to do so and compensate them for their content, becomes a non-issue in my opinion.  Though, the whole individual antenna concept vs antenna array is still an interest to me and my primitive understanding of how all that works.  Not sure based on the engineering buddies I have if I ever bought into them truly having an individual antenna for each subscriber as claimed.  Others may disagree and my knowledge is limited on this.


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#114 OFFLINE   Bill Broderick

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Posted 25 June 2014 - 12:09 PM

 

And reading the dissent, those who don't agree with the ruling aren't necessarily on Aereo's side.

 

"I share the Court’s evident feeling that what Aereo is 

doing (or enabling to be done) to the Networks’ copyrighted
programming ought not to be allowed. But perhaps we
need not distort the Copyright Act to forbid it. "

 

 

Aereo was clearly violating the intent of the law while, IMO, complying with the letter of the law.  The way to fix outdated law or to close loopholes should be to pass new corrected or updated laws, not for the Supreme Court to interpret the intent of the law and act as if that were the letter of the law.



#115 OFFLINE   dpeters11

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Posted 25 June 2014 - 12:46 PM

That's not a debate I'm going to go into, my point really was to say that even though it was 6-3, it doesn't mean the three found for Aereo. Not everyone may know it's not black and white.



#116 OFFLINE   nmetro

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Posted 25 June 2014 - 12:47 PM

Is it a loophole created by the FCC or is it Congress?

 

Well, it may go back to something like this. For those old enough to remember TV station sign ons and sign offs (from 1964):

 

 

WCBS, signed off at 6:00 AM (After the "Late Late Show") and signed back on at 6;15 AM. This also included the National Anthem.

 

The announcement does state that programs cannot be retransmitted, recorded or be charged a fee without express written permission. Back, in 1964, cable TV existed in a very minimal form. Only TV show recording was pretty much done by the TV stations themselves.

 

Aereo, effectively violated all three provisions of the law. The charged a fee, retransmitted programming and provided the ability to record it. And never gained permission from any TV station to do so.



#117 OFFLINE   PK6301

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Posted 25 June 2014 - 01:29 PM

Just for giggles I went to their website
1. it still is active
2. They are charging you $12 a month for access to the "Free" tv programs, oh they give you 60 hours of cloud dvr service ( I guess that's the charge)
3. in NY city you have access to 35 channels of which I would only use about 15
4. by the time you factor in the cost of service, your internet access, your cell phone access, "is it all worth the price for 15 channels of entertainment ?"

#118 OFFLINE   PCampbell

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Posted 25 June 2014 - 01:45 PM

Aereo was selling what you can get for free but in the processe they sold you NFL and MLB games and that is a copyright problem. I can't see how the outcome could heve been any deferent. As for cloud storage there should be no change as you payed for the content,

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#119 OFFLINE   Diana C

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Posted 25 June 2014 - 02:36 PM

Statement from Aereo CEO: http://blog.aereo.co...court-decision/


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#120 OFFLINE   Bill Broderick

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Posted 25 June 2014 - 02:42 PM

Aereo, effectively violated all three provisions of the law. The charged a fee, retransmitted programming and provided the ability to record it. And never gained permission from any TV station to do so.

 

Let's start with the "recorded" part.  That was struck down in the Sony VCR case 30+ years ago.  We're all allowed to record programming.

 

Aereo's argument was that what they were actually doing was renting an individual antenna to a customer, which allowed the customers who live within the broadcast radius of a given channel to receive the OTA broadcast of that channel which could then be viewed on the device of their choice.

 

If Aereo's business model was to install an antenna on your roof, that they would rent to you on a monthly basis, which would allow you to watch OTA programming and possibly record it on another device that Aereo would rent to you, there would be absolutely no reason why Aereo would need to pay royalties to the broadcasters who transmit the over the air signals.  They would be charging for the rental of equipment that allows you to receive programming that is broadcast freely over public airwaves.  They would not be charging for the programming.

 

What Aereo did was to take advantage of new technology which allowed for extremely small antennas, which would be assigned to individual customers (which replaces the roof antenna) and used the Internet as the mechanism to carry the signal from that antenna to the viewing device (which replaces the coax from the roof antenna to the TV).

 

The individual antenna per customer is the "loophole" that Aereo was exploiting.  When the law was written, they didn't anticipate the ability for a company to setup an antenna array that could be used in the manner in which Aereo did, nor did they consider the creating of the World Wide Web as a content delivery methodology.

 

As I wrote earlier, Aereo was violating the spirit of the Copyright laws.  They were not violating the letter of the Copyright laws.  That's what the justices who dissented were talking about in the quote that dpeters posted.






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