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mhhf1ve
mhhf1ve
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
Mitch Wagner
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
Liz Greenberg
2/24/2014 | 5:41:17 PM
Re: Underdog
@seven, either way a shake up of the status quo would be great!
brookseven
brookseven
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
Jessie Morrow
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
Mitch Wagner
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
wanlord
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
wanlord
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
danielcawrey
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
DOShea
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.
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