Aereo loses in 10th Circuit court

Discussion in 'Internet Streaming Services' started by dpeters11, Feb 19, 2014.

  1. Stuart Sweet

    Stuart Sweet The Shadow Knows!

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    It seems to me, in my relatively uninformed state, that simplification would be the right step here. OTA broadcasting holds a special place in the world of business for two reasons:

    (1) because it is dependent on the use of a public resource (the airwaves) for its operation and
    (2) because as a consequence of (1) it is required to serve the public interest.

    So therefore it seems that the law should boil down to the following:

    -Retransmission is defined as the redistribution of a linear audio/video signal (intended for local broadcast) in real time, with a reasonable delay to account for technology. It doesn't matter if it's over a wire, over the internet, rebroadcasting over the air, whatever.

    -Recording and playback past a reasonable time delay to account for technology is not retransmission, it's something else with its own laws, so we're not going to talk about that right now except to say that only the end user can record and playback, and only within fair use doctrines, unless allowed by contract.

    -If a company (cableco, satellite, Aereo) wants to send the whole signal to its customers without alteration, in other words without changing the commercials, adding overlays etc, then it should be allowed to do so for free, but if it does so it also cannot charge customers beyond the dead net cost of the technology required to do so.

    -If a company wants to charge for retransmission of local channels beyond the dead net cost of the technology, they have to pay a retransmission fee.

    -However, if the company and the broadcaster can't agree on a retransmission fee structure, the FCC shall have a right to impose a fee structure which it considers fair in order to keep the channel on the air; broadcasters do not have the right to black out local programming since it is considered necessary to serve the public interest.

    That's a lot of words but it's actually pretty simple, right?
     
  2. Stuart Sweet

    Stuart Sweet The Shadow Knows!

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    and, according to my proposed law, Aereo in its current state would be illegal if it could be proven that it collects more fees than required to operate the technology, which I presume it does.
     
  3. Athlon646464

    Athlon646464 Yada Yada Yada DBSTalk Gold Club

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    Didn't you just contradict yourself?
     
  4. snowcat

    snowcat Legend

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    The Tablo is a new OTA DVR that does all of this. It's a little box that you connect a hard drive and an antenna, and it connects wired or wirelessly to your home network. You can watch live tv (with pause/rewind/ff) and record/playback shows. It doesn't hook up to a tv directly, but it streams to Roku, AppleTv, Chromecast, iPad app, Android tablet app, and browsers on smartphones and PCs. There is a subscription for guide data and remote viewing (like a Slingbox), but it is reasonable ($4.99 a month, $49.99 a year, or $150 lifetime) and it covers every device on your account for the one price. The 2 tuner version is out now, with the 4 tuner coming in a month or so.
     
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  5. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Gold Club DBSTalk Club

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    The quotes were courtesy of the NY Times ... but I would not take them as a precise indication of how the judges will rule. Arguments are arguments ... a good discussion can help flesh out the details of why each judge will vote the way they will vote - a well written opinion when the ruling is announced will help define a rule that expresses (as close as possible) what the judges want to say about the issue.

    I do not agree with the way Aereo operates. They skirt the law ... and seem to be going to great extents just to skirt the law. The judges could rule against Aereo's operation as being against the intent of the law - even if the letter is skirted. I don't see how their television retransmission service should be treated any different than cable, satellite or IPTV.

    The ruling that cable and satellite companies would support would treat Aereo as equals ... if cable/satellite pays for retransmission so should Aereo. If Aereo doesn't pay then cable/satellite should not pay. The wildest hope of the cable/satellite companies is that the Aereo decision will allow cable/satellite to stop paying. I doubt that will happen.

    I expect a ruling that tells Aereo they cannot operate without being subject to the same must carry/consent to carry/ carriage fee negotiations as cable and satellite. The challenges, as the justices have noted, is writing a ruling that does not go too far.

    There seems to be an effort to protect personal cloud services. The ability to upload a copy of content to private space and download it elsewhere seems to be protected - even though I see that as a vulnerability. If I had a powerpoint presentation to share I could put it on Dropbox and share it with other users or the world with a URL. If I had a video of the grandchildren playing that I wanted to share I could do the same. Other than ethics what is stopping me from uploading copyrighted content to a private cloud and sharing it?

    The decision will need to address the difference between making private copies and sharing those copies. The court seems to want to protect the private copy ... if I wanted to rip a DVD and post it to a private cloud so I could watch it on my cellphone or convert recordings of copyrighted television broadcasts for my own use that seems to be protected - but me giving you the link to that content would trigger a copyright violation: sharing a copy of copyrighted content with anyone else. So write a decision that allows people to fill all the cloudspace they want as long as they do not share the content with others.

    Aereo would fail since they are sharing the content they are saving with others. Other remote DVR services such as Cablevision that Aereo is using as a basis for allowing them to host mini-DVRs would succeed as Cablevision pays for the rights to redistribute content. The concept that Aereo is only renting equipment is a stretch. Their advertising and service offering is not focused on equipment rental, it is focused on content delivered. They are selling content.
     
  6. Davenlr

    Davenlr Geek til I die

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    There was a story on NBC last night about it. They said should Aereo win in court, they would just shut down their over the air transmitters in the cities where Aereo is located.

    All I could think of is "Im taking my ball and going home" childishness.
     
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  7. Nick

    Nick Charter Gold Club Member

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    The...
    ...and cause the networks and locals to lose (not loose) ad revenue
    due to a total blackout of OTA viewers? That's not going to happen.
     
  8. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Gold Club DBSTalk Club

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    Such a blackout would affect cable and satellite viewers as well. Some get a direct feed from a station, but there is a lot of OTA links in the chain.

    By ceasing to be OTA the stations would also lose the legal protections they enjoy as OTA broadcasters. They would have to negotiate with cable and satellite companies as if they were cable channels or RSNs - not local broadcasters.
     
  9. mrdobolina

    mrdobolina AllStar

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    Yeah, I had a feeling there was something like this out there already. I knew I had read about it. For some reason, I thought perhaps it was just a kickstarter and not actually real yet.
     
  10. SayWhat?

    SayWhat? Know Nothing

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    Decision expected this week.
     
  11. dpeters11

    dpeters11 Hall Of Fame

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    This week will be very interesting.
     
  12. ladannen

    ladannen Legend

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  13. SayWhat?

    SayWhat? Know Nothing

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  14. yosoyellobo

    yosoyellobo Icon

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    As a potential cord cutter I been following this case with interest. Even if Aereo loses I see them coming to term with the broadcaster on the use of their technology.
     
  15. dpeters11

    dpeters11 Hall Of Fame

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  16. SayWhat?

    SayWhat? Know Nothing

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    Not really a surprise. The Old Goats have been owned by the media for decades.
     

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