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Will the Supreme Court holding in ABC v. Aereo really be limited to the facts at hand, or are would-be innovators in the cloud computing and storage space right to be worried?
According to The New York Times:
In oral arguments in the case in April, the justices had expressed concern that a ruling against Aereo would stifle technological innovation. Justice Breyer took pains on Wednesday to say the decision was limited to Aereo’s service. “We believe that resolution of questions about cloud computing, remote storage DVRs and other novel matters not now before us should await a case in which they are clearly presented.”
technology
understand
Then enters Aereo, a company which doesn't pay any money to tv channels, doesn't negotiate with tv channels, and can provide every tv channel in existence at no extra cost, plus they're cheaper than cable and satellite companies. Why wouldn't the tv industry and telecommunications industry be scared?
The reason why Aereo has been allowed to operate in existence for so long, and why websites like Movies4k, Let Me Watch This, TV Shack and WatchSeries.lt have been shut down due to piracy reasons or face extradition requests, is because technically, Aereo hasn't done anything illegal, they have found a loophole in the law.
Aereo is not distributing content without the copyright holder's permission, they are not rebroadcasting someone's television stream, in fact they are just an aerial provider. For each customer they have, they create a new aerial, just like the one you would have in your house, so they hold the aerial, and not you. Clever, isn't it?
This reminds me and draws similarities of the record labels creating an advertising campaign that home taping is killing music, that blank VHS and cassette tapes is killing the entertainment industry, despite the fact that no copyrighted content is being distributed. Aereo and blank tapes both provide a means for increased piracy and a loss of profits for the entertainment industry, and on the other hand they are technological innovations which may also provide creative destruction. And if something provides creative destruction, like the iPhone, should Nokia be asking the government for help? Should ABC get help from the government to save itself from Aereo?
The difference between a blank VHS or cassette, and a business selling an aerial that they keep in their office instead of your house, is that there is no guarantee that you will use a blank tape to record copyrighted content, and even if you do, you could say it's "fair use" as that tv or radio show probably won't air again (as it was in the 90s before the internet). However, tv channels make money by broadcasting live, if you manage to broadcast something live that circumvents their need to broadcast live, you are losing them money. This is also why sports streams get shut down. The "fair usage" argument I do not think applies here.
I cannot see Aereo winning this court case, as not only are they keeping your aerial in their office, they are not just a means of piracy like a blank tape or BitTorrent or indexing content like a Tracker or Search Engine that can use the DMCA Safe Harbour laws to avoid being liable for what happens (it's not our fault, it's out users fault). Aereo is distributing copyrighted content. The fact that Aereo is keeping your aerial in their office and has a unique aerial for each customer is a loophole in the law, and it's legal, but the fact that they are distributing content with their custom made remotes, websites and apps, is why they will lose the case.
I cannot see Aereo winning this court case as they are distributing copyrighted content. Yes I know that Silicon Valley and Hollywood are America's biggest exports, but Aereo is distributing content, and no judge will fall for that, as lawyers more knowledgeable than me can figure that out.
Read more
http://arstechnica.com/tech-policy/2012/08/why-johnny-cant-stream-how-video-copyright-went-insane/
http://arstechnica.com/tech-policy/2013/07/broadcasters-lose-final-appeal-to-take-down-aereo/
http://arstechnica.com/tech-policy/2013/12/aereo-to-tv-companies-you-want-a-supreme-court-fight-no-problem/
http://arstechnica.com/tech-policy/2013/09/as-filmon-is-shut-down-by-courts-all-eyes-are-on-aereo/
http://arstechnica.com/business/2013/05/aereo-the-tv-innovation-that-may-be-too-good-to-last/
http://arstechnica.com/tech-policy/2014/04/antennas-for-us-all-how-aereo-wound-up-at-the-supreme-court/
http://arstechnica.com/tech-policy/2014/01/supreme-court-to-finally-settle-case-between-broadcasters-aereo/
http://arstechnica.com/tech-policy/2014/06/analysis-aereos-death-leaves-cloud-computing-hanging-in-the-balance/
http://arstechnica.com/tech-policy/2014/06/aereo-investor-barry-diller-its-over-now