Broadcasters Get Aereo Shut Down In Salt Lake City and Denver
from the you-can't-win-'em-all dept
A string of Aereo legal wins has come to an end, with US District Judge Dale Kimball of Utah imposing a preliminary injunction (pdf) on Aereo's existing operations in both Utah and Colorado. The injunction covers all of the 10th circuit, so it will technically prevent any future Aereo operations in all of Wyoming, New Mexico, and Oklahoma as well. Aereo currently operates in ten markets, but in recent weeks has bumped into some unspecified capacity issues in both New York and Atlanta (I've asked, they won't get specific about what kind of capacity issues they've faced).Kimball wasn't particularly receptive to Aereo's claims that their tiny OTA antennas -- one rented to each Aereo subscriber -- allow the live streaming TV company to bypass the "Transmit Clause" of the 1976 Copyright Act:
"Based on the plain language of the 1976 Copyright Act and the clear intent of Congress, this court concludes that Aereo is engaging in copyright infringement of Plaintiffs’ programs. Despite its attempt to design a device or process outside the scope of the 1976 Copyright Act, Aereo’s device or process transmits Plaintiffs’ copyrighted programs to the public."Similar legal assaults by the broadcast industry had proven unsuccessful in Boston and New York. Needless to say, broadcasters like Fox were pleased by the result, calling the ruling "a significant win for both broadcasters and content owners" that will "prohibit Aereo from stealing our broadcast signal." Riding on Aereo's New York win by using the Cablevision precedent, the battle now heads to the Supreme Court for the real showdown on April 22. Should Aereo win that, broadcasters could face a number of similar services offered by cable operators eager to bypass soaring retransmission fees.
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Filed Under: broadcast, colorado, new mexico, oklahoma, retransmission, television, utah, wyoming
Companies: aereo
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Did you buy Techdirt?
Now, as for the story, either way in this process the public ends up losing. If Aereo wins, you can expect a response from the networks that likely won't be positive. That could include moving prime time stuff to cable only (even offering the channels cheaper or even for free to cable and sat companies to distribute), leaving aereo viewers with second string stuff.
Aereo loses, and the networks will be emboldened to charge more for their programming to distributors, harming the potential process of IPtv and other services offered by third party providers. It is also very likely that the networks will still move forward with more "cable only" programming options, starving off their affiliate stations and going more direct to the distributors.
Aereo is a catalyst for change, in the same manner that dynamite is for changing a pile of dog crap. No matter what happens, it won't be pretty and nobody will be safe.
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What Fox et al want is just free, easy money. Taking a PUBLIC, FREE signal and making a stream of it should be a no brainer. If they were smart enough they'd offer it on their websites while replacing the ads according to the region of the person watching. But that would require some effort while suing Aereo and wining would mean free, effortless money forever without having to spend their own resources - considering brains is a resource that seems to be inexistent in those places since they are missing a good revenue stream. If Aereo has the financial balls to fight the broadcasters it means they are offering features A LOT of people want. Where are the damn broadcasters jumping in to fill the gap? Nah, money for the lawyers instead.
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What better way to challenge the ridiculous copyright laws by playing the game to the very rules it sets up.
I think this was planned from the start.
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Hey TV Stations and Broadcasters
However, do not think for one minute that this doesn't mean that we, your customers, don't realize that if you are truly successful in stopping Aereo all WE will get out of it is higher bills for shittier service.
We are living in the new age of customer disservice. Long dead is the adage that "the customer is always right". It has been replaced with "have we screwed the customer enough?". And their answer to that one is always NO.
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But it doesn't. It only allows the signal to go to *THE paid subscriber*. Emphasis on *THE*. Just like cable TV, or FIOS TV. Well, it is Utah.
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The way around the Stupidity
So basically Aereo is getting around this by offering you a link about their TOS (who reads this crap anyway) and a check box acknowledging you are in the service area.
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It's just like how I managed to get a patent on oxygen, and how I'm dealing with billions of people and animals stealing my property with their lungs!
Don't you worry though, soon a court will issue an injunction and prevent others from breathing my oxygen! Then those billions of free loaders will have to pay up for consuming my intellectual property!
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Lets get something clear. You are not entitled to a government established monopoly on broadcasting spectra. I have just as much a right to transmit anything I want on broadcasting spectra as you do. Just because the government wrongfully steals my right to do so and gives you an exclusive transmission privilege against my interests in favor of your interests doesn't make it right. It's wrong.
Not only have you wrongfully deprived me of my ability to transmit (which is stealing) you are now further denying me my right to record public signals that cross public space and to do with them what I please. If you don't want your transmissions recorded and used by others then keep them off my property and keep them out of public space. Don't cry to the government, which owes you nothing, for protection.
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Silver lining?
A loss at this level, contrasted by the wins elsewhere, would seem to increase the likelihood of the SC taking up the case, given they now have split rulings on the legality, and since the majority of cases so far have been wins for Aereo, that would seem to bode well for their odds when/if the SC finally takes up the case.
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Re: Silver lining?
Then again, courts really should be ruling based on what the law says. We should put pressure on Congress to pass laws in the public interest.
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Patent denied!
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Re: The way around the Stupidity
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Re: Re: The way around the Stupidity
A: Your Honor.
Q: What do you call a lawyer with an IQ of a turnip?
A: Senator.
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No. It was a public fart, and only those in the local vicinity smelled it (intended audience, along with the standard commercials of yelling "Fire in the Hole" or blaming others by saying, "Those who smelt it, dealt it").
In reality, where these innocent bystanders will get into trouble is when they re-trasmit the fart later. As we all know, "Any rebroadcast, reproduction, or other use of the pictures and accounts of this fart without the express written consent of the original fartcaster is prohibited."
I don't know how fair use would play out if such a case was brought before a court, but it could all depend on how much of the original copyrighted fart you used, and how many bean burritos the judge had for lunch.
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I guess I'm a thief
That Marconi guy really did a bad thing making it possible to steal from content creators. And we think he's an innovator. Tisk, tisk.
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Re: I guess I'm a thief
On my building, a single antenna has its signal split between many households.
Yes, the signal splitters on the antenna cable are duplicating the signal from a single antenna to many people.
But then, I don't live in the USA.
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Re: Re: I guess I'm a thief
And still no different than Aereo, where every household gets its own antenna.
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Patent examiner: Using oxygen on the internet? That's doesn't make any freakin' sense!
Filer: I said 'on the internet'.
Examiner: Oh fine, patent approved, but only because you used the magic words.
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Aereo shutdown
The thing that gets lost on most people is that if you are a broadcaster, nothing is "free". Many posters keep harping about the "peoples airwaves", as if we live in some society where everything should be free. Any person posting on these message boards can apply for a broadcast license the same way I did, by hiring an engineer and filing an application. The thing is it costs money for an engineer and an attorney. After you have filed with the FCC and if you are lucky enough to get a construction permit (CP) that allows you to build a station, you still have to spend money for equipment, tower rent, etc. If I offered a CP to build a TV station to anyone on this board, I don't think I would have many takers, for the expense comes after you have acquired your free spectrum.
The way the government makes money is via yearly business taxes, on the business itself and if the station is sold to another party.
In my opinion Aereo is nothing more than a clever cable operator, taking "free" TV signals and rebroadcasting them, and charging a monthly fee. Sounds like Comcast to me.
One final thing, broadcasters would love to take full advantage of their digital legacy but the FCC prohibits this application by not allowing broadcasters to operate using alternate modulation schemes (such as OFDM, cellular technology). If allowed this privilege, consumers would win through innovative uses of spectrum, such as wireless last-mile solutions and ubiquitous Wi-Fi.
So, while it is easy to demonize broadcasters be careful what you wish for. If that 'free' spectrum is no longer "free", but "owned" by AT&T and Verizon, et al, then you will be paying for what was "free" over-the-air (OTA) TV via your monthly wireless bill.
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Re: Did you buy Techdirt?
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