The Supreme Court did not issue a ruling Monday on Aereo's case.
Their schedule lists the next likely days for a ruling as
Wednesday, Thursday, and possibly next Monday.
Aereo’s technology is complex, but the Supreme Court
case is fairly simple -- does Aereo take broadcasters’
programming without paying for it, or does Aereo just
let consumers legally receive TV signals?
The case depends heavily on the 1976 Copyright Act. That 1976 law predates the huge rise in cable TV,
satellite TV, VCRs, and internet TV. Three decades
after that law a Federal judge said remote VCR/DVRs are legal (AKA "Cablevision ruling").
Aereo won two previous federal court cases: New York circuit and appeal.
The more I think of it, Aereo's argument looks unbelievable
that they are a remote personalized antenna system.
Aereo shows off a teensy tiny antenna (roughly coin-sized)
that they say is dedicated to a specific user. Huh? That
wouldn't get past the giggle stage of an electrical engineer.
Instead of providing 1000s of individual antennas, Aereo's
system is really one big antenna built from 1000s of those
little elements. Sort of like the military phased-array antennas. Looking at the placement of the amplifier and signal processing
components, they are NOT dedicated to a user.
Instead of 1000s of remote antennas, it looks like Aereo's system
is a variation of the ordinary "community antenna" system.
And for copyright law, a community antenna DOES trigger
the "retransmission" and the “public performance” rules. On that technology perspective, Aereo loses.
But after
reading (okay ... "skimming") the appellate ruling, which
said the antenna is individual not shared, if the
Supreme Court goes along with that finding, then it looks like Aereo will win.
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