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Aereo Supreme Court Case Will Define How We Watch TV in the Future

Aereo Supreme Court Case Will Define How We Watch TV in the Future

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Published by FindLaw
The Supreme Court will consider the future of television on Tuesday when it hears arguments about the legality of Aereo, an Internet-television service that uses tiny remote antennas to capture broadcast TV signals and redistributes them online.

If the High Court says Aereo is legal it could usher in a revolution that shapes the way we watch and pay for television.

Aereo’s technology is a threat to both the lucrative cable bundle and the networks that receive big-time fees for inclusion in cable packages. Aereo would give so-called cord cutters the means to assemble a more affordable package of online streaming options like Netflix or Apple TV and still watch “NCIS” and the NFL. Consumers pay $8 to $12 a month to watch and record broadcast programs with a few seconds delay.

The legal question before the Justices is whether Aereo is violating broadcasters’ copyrights by setting up farms of tiny antennas and then renting access to each one to its subscribers. The technology is a crafty work around that means no cable box and no expensive cable bill.

Broadcasters including ABC, CBS, Fox, NBC and PBS sued Aereo for copyright infringement, saying Aereo should pay for redistributing the programming the same way cable and satellite systems do.

The Supreme Court will hear oral arguments on American Broadcasting Companies v. Aereo Tuesday. Read Aereo’s Supreme Court brief here:
The Supreme Court will consider the future of television on Tuesday when it hears arguments about the legality of Aereo, an Internet-television service that uses tiny remote antennas to capture broadcast TV signals and redistributes them online.

If the High Court says Aereo is legal it could usher in a revolution that shapes the way we watch and pay for television.

Aereo’s technology is a threat to both the lucrative cable bundle and the networks that receive big-time fees for inclusion in cable packages. Aereo would give so-called cord cutters the means to assemble a more affordable package of online streaming options like Netflix or Apple TV and still watch “NCIS” and the NFL. Consumers pay $8 to $12 a month to watch and record broadcast programs with a few seconds delay.

The legal question before the Justices is whether Aereo is violating broadcasters’ copyrights by setting up farms of tiny antennas and then renting access to each one to its subscribers. The technology is a crafty work around that means no cable box and no expensive cable bill.

Broadcasters including ABC, CBS, Fox, NBC and PBS sued Aereo for copyright infringement, saying Aereo should pay for redistributing the programming the same way cable and satellite systems do.

The Supreme Court will hear oral arguments on American Broadcasting Companies v. Aereo Tuesday. Read Aereo’s Supreme Court brief here:

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Published by: FindLaw on Apr 21, 2014
Copyright:Traditional Copyright: All rights reserved

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04/22/2014

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No. 13-461 I
N
T
HE
 
Supreme Court of the United States
 __________  A 
MERICAN
B
ROADCASTING
C
OMPANIES
,
 
I
NC
.,
 ET AL
.,
 Petitioners
, v.  A 
EREO
,
 
I
NC
.
 F
/
/
 A
B
 AMBOOM
L
 ABS
,
 
I
NC
.,
Respondent
.  __________
On Writ of Certiorari to the United States Court of Appeals for the Second Circuit
 __________
BRIEF FOR RESPONDENT
 __________
B
RENDA
M.
 
C
OTTER
 G
ENERAL
C
OUNSEL
D
 ANIEL
B
ROWN
 D
EPUTY
G
ENERAL
C
OUNSEL
  A 
EREO
,
 
I
NC
. 280 Summer Street 4th Floor Boston, MA 02210 (617) 861-4290 March 26, 2014 D
 AVID
C.
 
F
REDERICK 
 
Counsel of Record
 A 
 ARON
M.
 
P
 ANNER
 B
RENDAN
J.
 
C
RIMMINS
 C
 AITLIN
S.
 
H
 ALL
 
ELLOGG
,
 
H
UBER
,
 
H
 ANSEN
, T
ODD
,
 
E
 VANS
&
 
F
IGEL
, P.L.L.C. 1615 M Street, N.W. Suite 400 Washington, D.C. 20036 (202) 326-7900 (dfrederick@khhte.com)
(Additional Counsel Listed On Inside Cover)
 
 
R.
 
D
 AVID
H
OSP
 M
 ARK
S.
 
P
UZELLA 
 F
ISH
&
 
R
ICHARDSON
P.C. One Marina Park Drive Boston, MA 02210-1878 (617) 542-5070 S
ETH
D.
 
G
REENSTEIN
 C
ONSTANTINE
C
 ANNON
LLP One Franklin Square 1301 K Street, N.W. Suite 1050 East Washington, D.C. 20005 (202) 204-3500
 
 
 
QUESTION PRESENTED
Whether Aereo “perform[s] ... publicly,” under §101 and §106 of the Copyright Act, 17 U.S.C. §§101, 106, by supplying remote equipment that allows a consumer to tune an individual, remotely located antenna to a publicly accessible, over-the-air broadcast television signal, use a remote digital video recorder to make a personal recording from that signal, and then watch that recording.

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