& cplSiteName &

Aereo Injunction Sets Stage for Supremes

Mari Silbey
2/21/2014
50%
50%

When the case against Aereo heads to the US Supreme Court on April 22, the video company's fate will be determined by whether the justices decide that Aereo is legally retransmitting over-the-air television signals.

In this week's case in front of the US District Court of Utah, however, Judge Dale A. Kimball also had to decide whether Aereo Inc. has the potential to cause irreparable harm to broadcasters. On both counts, Judge Kimball ruled against Aereo. The judge called Aereo's retransmission of television signals "indistinguishable from a cable company" and issued a preliminary injunction, shutting down service in several western states until the case is heard by the US Supreme Court this spring.

Aereo's legal argument against copyright infringement is that, just as with Cablevision Systems Corp. (NYSE: CVC)'s remote-storage network DVR service, it is delivering individual, private performances of television content. Each Aereo subscriber is assigned his or her own personal antenna and video stream. Broadcasters, however, dispute that claim by pointing out that retransmission services are meant to be included in the defined scope of a public performance. Aereo, they declare, is therefore skirting the law by not paying retransmission fees. (See Aereo Headed for Supreme Court?.)

Unlike in Utah this week, an earlier ruling by the US Second Circuit Court found Aereo not guilty of copyright violation. The Supreme Court will have to arbitrate between the different circuit courts and decide which interpretation of the law has the most merit. If it finds in broadcasters' favor, Aereo's operations will be seriously curtailed, if not completely halted. If the court sides with Aereo, however, broadcasters risk losing out on retransmission fees that SNL Kagan predicts will top $6 billion by 2018. (See 'Free' TV Model Under Threat.)

The stakes are high on both sides of the legal argument, and only the Supreme Court can deliver the final verdict. The countdown to April 22 is on.

Related posts:

— Mari Silbey, special to Light Reading

(16)  | 
Comment  | 
Print  | 
Newest First  |  Oldest First  |  Threaded View        ADD A COMMENT
Page 1 / 2   >   >>
mhhf1ve
50%
50%
mhhf1ve,
User Rank: Light Sabre
2/27/2014 | 6:46:11 PM
If you're into legal precedents
For an excellent summary of the legal terms and debates involved here, this is a great read:

http://www.fas.org/sgp/crs/misc/R43359.pdf

It covers Aereo and FilmOn and the key parts of the 1976 Copyright Act.
Mitch Wagner
50%
50%
Mitch Wagner,
User Rank: Lightning
2/25/2014 | 4:19:28 PM
Re: Underdog
Jessie Morrow -  An easy mistake to make. You are no doubt confused by the waxed mustaches and fixie bikes.
Liz Greenberg
50%
50%
Liz Greenberg,
User Rank: Light Sabre
2/24/2014 | 5:41:17 PM
Re: Underdog
@seven, either way a shake up of the status quo would be great!
brookseven
50%
50%
brookseven,
User Rank: Light Sabre
2/24/2014 | 4:22:27 PM
Re: Underdog
Liz,

The cable companies don't force most of the packaging.  That comes from the content owners.

seven

 
Jessie Morrow
50%
50%
Jessie Morrow,
User Rank: Lightning
2/24/2014 | 3:44:36 PM
Re: Underdog
My apologies, FakeMW, the most rudimentary checking and I see that Aereo is far from a pop-up start-up. No hipsters in hoodies or Trilbys at Aereo board meetings.
Mitch Wagner
100%
0%
Mitch Wagner,
User Rank: Lightning
2/24/2014 | 3:04:11 PM
Re: Underdog

Jessie Morrow - "While it is very easy to root for the underdog Aereo over Big Cable I can't see how the Supreme Court can uphold Aereo's right to continue to retransmit. What am I missing here?"

Aero is hardly the underdog here. This is basically a case of big money versus big money.

Aero's technology infrastructure is explicitly designed to violate the spirit of the law while upholding its letter. The Supreme Court is going to have to decide whether that's illegal.

wanlord
50%
50%
wanlord,
User Rank: Light Sabre
2/24/2014 | 1:33:43 PM
Re: Utah Judge
The 1976 Act was enacted as a complete overhaul of its predecessor, theCopyright Act of 1909, to respond to 'significant changes in technology [that] affected theoperation of the copyright law."

 

Hmm, sounds like the 1976 Act needs a complete overhaul also. Think the technology has changed a bit  in 35+ years!!!!!
wanlord
50%
50%
wanlord,
User Rank: Light Sabre
2/24/2014 | 1:25:26 PM
Re: Utah Judge
@danielcawrey, it is very fair. competitors do it in a less expensive way, one receiver to millions, vs. Aereo having one receiver per subscriber, doing it in a much smarter way.


As for the court case, I don't like the wording "capture" in "Aereo's system captures over-the-air broadcasts". Why, because it makes it sound like they are doing something to the signal, which they are not, just receiving it and transmitting to the viewer. They are not capturing anything. Capture would mean they are preventing anybody else from getting it. They are receiving it, just like anybody else with an antenna, while its still out there for use.

cap·ture (kăp′chər)
tr.v.cap·tured, cap·tur·ing, cap·tures
1. To take captive, as by force or craft; seize.
2. To gain possession or control of, as in a game or contest: capture the queen in chess; captured the liberal vote.
3. To attract and hold: tales of adventure that capture the imagination.
4. To succeed in preserving in lasting form: capture a likeness in a painting.
n.
1. The act of catching, taking, or winning, as by force or skill.
2. One that has been seized, caught, or won; a catch or prize.
3. Physics The phenomenon in which an atom or a nucleus absorbs a subatomic particle, often with the subsequent emission of radiation.
danielcawrey
50%
50%
danielcawrey,
User Rank: Light Sabre
2/22/2014 | 10:03:50 PM
Re: Utah Judge
This is an interesting case. 

On one hand, Aereo is trying to disrupt the incumbent system that exists. And I'm sure most people would have to agree that innovation in this industry is staid. 

Yet on the other hand, Aereo is not paying for retransmission fees. That's not really fair to its competitors and gives it an unfair advantage. 
DOShea
50%
50%
DOShea,
User Rank: Blogger
2/22/2014 | 9:40:36 PM
Re: Underdog
The Cablevision network DVR comparsion to what Aereo's doing is interesting and totally relevant, and given the the ruling in that case was that the content playback essentially amounted to a private performance, rather than a public one, I don't see how Aereo should lose that particular argument. If it only came down to just that... I don't see these judges ready to permit a revolution to begin.
Page 1 / 2   >   >>
From The Founder
Cisco's Conrad Clemson, recently promoted to head up the company's Service Provider Apps & Platforms developments, talks to Light Reading's Founder and CEO Steve Saunders about how he's bringing cloud video, mobile and virtualization together to empower network operators.
Flash Poll
Live Streaming Video
Charting the CSP's Future
Six different communications service providers join to debate their visions of the future CSP, following a landmark presentation from AT&T on its massive virtualization efforts and a look back on where the telecom industry has been and where it's going from two industry veterans.
LRTV Interviews
MWC 2017's Key 2-Letter Terms

2|20|17   |   08:29   |   (1) comment


5G, AI, VR... these are just some of the two-letter terms that will dominate show-floor chat at MWC 2017 in Barcelona, according to these two blow-hards (a.k.a. Scott Bicheno of Telecoms.com and Light Reading's Ray Le Maistre). And then there's PB...
LRTV Interviews
Key Trends for Mobile Operators in Developing Markets

2|20|17   |   06:37   |   (0) comments


Ovum's Matthew Reed talks to Scott Bicheno from Telecoms.com about the challenges and opportunities facing mobile operators in the developing markets of Africa and the Middle East.
LRTV Documentaries
YouTube Takes on Facebook Live-Streaming

2|17|17   |     |   (0) comments


Popular 'YouTubers' will be the first to get the new service on their smartphones. You have been warned.
LRTV Custom TV
Open Source NFV/SDN Automation

2|17|17   |   05:54   |   (0) comments


AT&T ECOMP (Enhanced Control, Orchestration, Management and Policy) code is transitioning into the Linux Foundation for placement into open source. In this video, Carol Wilson provides an update on the maturation of open source ECOMP and meets with industry leaders from AT&T, Bell Canada, Orange, Linux Foundation and Amdocs to discuss what this means for the ...
LRTV Documentaries
Uber & NASA Collaborate on Flying Car Project

2|16|17   |     |   (0) comments


Is Uber for real? Well, it's hired NASA engineer Mark Moore to lead the project, and he wouldn't come cheap.
LRTV Documentaries
Zuckerberg Tries Out the Oculus Rift VR Glove

2|15|17   |     |   (0) comments


Facebook CEO shows off a new way to interact with the Oculus Rift virtual reality headset: an Oculus glove.
LRTV Custom TV
Huawei Digital Transformation Forum 2017

2|10|17   |     |   (0) comments


Here's a preview of the upcoming Huawei Digital Transformation Forum taking place in Barcelona with trending telecom topics like cloud, IoT, 5G and much more!
Telecom Innovators Video Showcase
Dan Sahar of Qwilt on Open Edge Cloud Platform

2|8|17   |   08:38   |   (0) comments


Dan Sahar, Qwilt's co-founder, sits down with Steve Saunders of Light Reading for a conversation about Qwilt's Open Edge Cloud platform and the new role of service providers in application and content delivery.
LRTV Documentaries
ZeroStack's 'Self-Driving Cloud'

2|7|17   |   01:09   |   (0) comments


Its Z-Brain tech automates day-to-day management and long-term planning for hybrid clouds.
Telecom Innovators Video Showcase
Nominum's Craig Sprosts on DNS & Cybersecurity Trends

2|7|17   |     |   (0) comments


Nominum's Craig Sprosts talks about the fast-changing landscape of cybersecurity with Steve Saunders of Light Reading. Sprosts touches on the trend of the rise of ransomwares, rivals of IoT base attacks, and mobile network security. He also discusses the realization of the importance of IoT security after a recent cyber attack that paralyzed several major ...
LRTV Documentaries
China Moves Towards Mixed Ownership of Telcos

2|1|17   |   01:10   |   (0) comments


Chinese authorities are promoting new ownership models in order to raise capital.
Shades of Ray
What to Expect at MWC 2017

1|31|17   |     |   (0) comments


5G is set to dominate as the key buzz term at this year's Mobile World Congress but there are other pressing 4G matters to address.
Upcoming Live Events
March 21-22, 2017, The Curtis Hotel, Denver, CO
March 22, 2017, The Curtis Hotel, Denver, CO
March 22, 2017, The Curtis Hotel, Denver, CO
May 15-17, 2017, Austin Convention Center, Austin, TX
May 15, 2017, Austin Convention Center - Austin, TX
June 6, 2017, The Joule Hotel, Dallas, TX
All Upcoming Live Events
Infographics
With the mobile ecosystem becoming increasingly vulnerable to security threats, AdaptiveMobile has laid out some of the key considerations for the wireless community.
Hot Topics
T-Mobile CEO: M&A Coming but Not Quite Yet
Dan Jones, Mobile Editor, 2/14/2017
Is the Time Right for a Cisco/Ericsson Wedding?
Ray Le Maistre, Editor-in-chief, 2/17/2017
Nice to See at Least One CSP Taking My Advice
Mitch Wagner, Editor, Enterprise Cloud, 2/17/2017
Charter Launches 5G Field Trials
Mari Silbey, Senior Editor, Cable/Video, 2/16/2017
Cloudifying the Communications Network
Prayson Pate, CTO, Ensemble, ADVA Optical Networking, 2/16/2017
Like Us on Facebook
Twitter Feed
BETWEEN THE CEOs - Executive Interviews
Light Reading founder and CEO Steve Saunders chats with Sportlogiq CEO Craig Buntin about sports data analysis.
Eyal Waldman, CEO of Mellanox Technologies, speaks to Steve Saunders, CEO of Light Reading, for an exclusive interview about the 100 GB cable challenge, cybersecurity and much more.
Animals with Phones
No One Likes This Click Here
Take a hint!
Live Digital Audio

Playing it safe can only get you so far. Sometimes the biggest bets have the biggest payouts, and that is true in your career as well. For this radio show, Caroline Chan, general manager of the 5G Infrastructure Division of the Network Platform Group at Intel, will share her own personal story of how she successfully took big bets to build a successful career, as well as offer advice on how you can do the same. We’ll cover everything from how to overcome fear and manage risk, how to be prepared for where technology is going in the future and how to structure your career in a way to ensure you keep progressing. Chan, a seasoned telecom veteran and effective risk taker herself, will also leave plenty of time to answer all your questions live on the air.