Official - Subject to Final Review
P R O C E E D I N G S
CHIEF JUSTICE ROBERTS: We'll hear argument
next in Case 13-461, American Broadcasting Companies v.
ORAL ARGUMENT OF PAUL D. CLEMENT
ON BEHALF OF THE PETITIONERS
MR. CLEMENT: Mr. Chief Justice, and may it
please the Court:
Aereo's business model is to enable
thousands of paying strangers to watch live TV online.
Aereo's legal argument is that it can make all of that
happen without publicly performing. But Congress passed
a statute that squarely forecloses that rather
counterintuitive submission. Because although the
Internet and the thousands of mini antennas are new, the
basic service that Aereo is providing is not materially
different from the service provided by the cable company
before this Court in 1969.
JUSTICE SOTOMAYOR: Why aren't they cable
MR. CLEMENT: They're not --
JUSTICE SOTOMAYOR: I'm looking at the --
everybody's been arguing this case as if for sure
Alderson Reporting Company