Sources: SCOTUS Blog, CNBC, Reuters, The Verge
quote: Here is a question: Why should there be a fee to rebroadcast if the network is showing commercials?
quote: If you're grabbing OTA signals and sending them to multiple people, you're conducting a public performance.
quote: Maybe their view was more akin to sharing cable
quote: Under U.S. copyright law and court precedent, if you share recordings with your friends , show a recording to a large enough group of people, or rebroadcast (e.g. stream video to others) recordings, you've committed a copyright crime.
quote: Aereo's biggest problem is that they sold the copyrighted material, without paying a fee to the originators.
quote: They sold a DVR service. Period. If DVRs and VCR et al are legal, then Aereo is legal.
quote: So in those last two steps, you've got one hard drive "broadcasting" to many unique viewers... not stovepiped end-to-end.
quote: Aereo didn't rebroadcast. They narrowcast.The functionality is the same as a DVR or VCR. Ergo, if DVRs and VCRs are legal, then Aereo is legal.
quote: Aereo records ONE copy of content. Then it sends that copy to MORE THAN ONE user. That is not how DVRs operate.
quote: This doesn't hold up since it was not a single recording for each person.
quote: (the NYT example, which is wrong).
quote: How is this different from what I can do with my... VCR/TIVo? Only difference I see is this is "virtual" and the storage is in the cloud.
quote: Aereo operated basically as a remote DVR.
quote: That's not narrowcasting or some other form of technological jivetalk, that is rebroadcasting.
quote: A DVR stores and playbacks content for ONE user at any time. Aereo's scheme is one DVR to store and playback content for thousands of users.
quote: Let's say you win your argument sake and Aereo is allowed to flourish. All the broadcasts network simply pull the plug on the open air as they threatened, move into Hulu-style model and your Aereo subscription immediately became useless anyway.
quote: Yes, I think they went up to the broadcast companies first and got permission. And they don´t allow users inside the country the programming is from (you have to be outside the country) access. It´s sold as a service for emigrants and people who travel frequently and still want to be able to watch their favourite programms away from home.
quote: Some of the issue was trouble with local advertisements. If I live in Oklahoma, and I rent an antenna getting OTA ads of NYC area local businesses, those ads aren't reaching the right audience.
quote: Justice Scalia likened the service to a "copy shop that provides its patrons with a library card" in a dissent, which conjures up the image of a public library. The only problem with that analogy is that a public library is free. It doesn't charge you a $1 USD/day fee or an $8 USD/month fee -- at least not directly.
quote: when read in light of its purpose, the Act is unmistakable... Viewed in terms of Congress’ regulatory objectives, why should any of these technological differences matter?"
quote: It is not the role of this Court to identify and plug loopholes. It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes.