Aereo Fallout Begins: Fox Uses Ruling To Attack Dish's Mobile Streaming Service
from the because-welcome-to-this-new-mess dept
We've been saying that the Aereo ruling is going to create a litigation headache for a number of companies... and here we go. You may recall that a bunch of TV broadcasters have sued Dish over its attempts to provide innovative features to consumers, such as its Dish AutoHopper and its Dish Anywhere streaming offering. So far, those lawsuits have gone nowhere and fast. But Fox sees renewed life in its effort to shut down innovation thanks to the Supreme Court's unfortunate "looks like a duck" test.Within hours of Wednesday's ruling, Fox had run to the 9th Circuit appeals court with the news. The 9th Circuit had previously rejected Fox's attempt to shut down the Dish technology, but Aereo has renewed its hopes of killing some innovation:
Fox's lawyers believe the Aereo ruling strengthens their case against Dish. In a letter to the court Richard Stone, partner at Jenner & Block, wrote that the supreme court had ruled Aereo's service constitutes an "unauthorized public performance of Fox's copyrighted works."Get ready, because Aereo is going to get cited a lot by the legacy entertainment industry as they quickly seek to destroy innovation.
"Dish, which engages in virtually identical conduct when it streams Fox’s programming to Dish subscribers over the internet – albeit also in violation of an express contractual prohibition – has repeatedly raised the same defenses as Aereo which have now been rejected by the supreme court," he wrote.
Stone highlighted that the court had specifically rejected Aereo's assertion that it is "merely and equipment provider" and that Aereo's subscribers were the ones transmitting content.
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Filed Under: autohopper, copyright, dish anywhere, dvr, looks like a duck, remote viewing, streaming
Companies: aereo, dish, fox
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But really, Fox didn't even wait for the body to cool off... Proving, once more, they are the worst of the pack.
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Its more like par for the course. I never understand why people try to elevate one business over another one. On deep inspection, you will find almost every large corporation sinful as hell regardless of which Religious, Ethical, or Social standard you use.
Kill a person... you are a murderer...
Murder Millions and you are a CONQUEROR!
See how that works out?
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And this is why...
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Re: And this is why...
They might score a short win and more profits today, but tomorrow they're undermining themselves a ton for when the future generation takes over and repeals all that crap, and a lot of the old copyright laws to.
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Re: And this is why...
Young people already have close to zero respect for it.
Now extrapolate to when they are the ones wearing suits, bribing politicians, etc.
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Re: Re: And this is why...
It will be interesting when they get older enough to dictate the rules.
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Re: Re: Re: And this is why...
After many years of observation, I have stopped being surprised at how frequently logic, passion, and righteous indignation at the injustices of The System can be dulled by six figures, stock options, and performance bonuses.
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Re: Re: And this is why...
To clarify: I believe that sane and reasonable copyright law can have be of great societal value. I don't believe that we have sane and reasonable copyright law.
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Re: Re: Re: And this is why...
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A question to Fox
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Re: A question to Fox
After all, if we need to constantly make our IP laws harsher and more Draconian almost every year, why not just start giving IP holders money to make up for all that 'lost' revenue to piracy.
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Drop your TV bundles folks go get Netflix, Amazon prime. (not Hulu) stop giving these guys money for TV.
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Fox is just throwing away money, money they will recoup in the next round of retransmission fee negotiations, and we're all going to pay for it no matter what broadcast aggregator company we are using.
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Speak for yourself. I'm certainly not going to pay for it! :)
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Re: Dish actually does
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I hope one of the judges on SCOTUS use Dish-Hopper.
Dish-Hoppper: "Discontinued due to recent SCOTUS rulling"
SCOTUS judge" ?!?"
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Re: I hope one of the judges on SCOTUS use Dish-Hopper.
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Re: Re: I hope one of the judges on SCOTUS use Dish-Hopper.
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Again... a simple idiot test...
It's just not fair that the ignorant make decisions that affect everyone.
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Re: Again... a simple idiot test...
I'm actually more concerned with two facts. First, it's obvious to me, that SCOTUS has started giving a lot more weight to political considerations in their rulings than in past. Second, it's equally obvious to me that they've started showing signs of being incapable of basic, rational thought processes.
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Big loss but also a big win for the future
This ruling will stifle innovation there is no doubt about it, fox proves this by using the ruling a few hours later to demand a Judge rule in their favour in the Dish case.
What many do not realise is that in the not too distant future the people are going to demand changes to copyright laws, and this case is a perfect example of why and when used in future arguments will work against the big providers and distributors.
I am sad this happened but also relived to know that this is just more evidence as to why the big three need to be cut up and the laws now have to be changed or the country will face irrelevance in media circles very soon.
The fact is there are more and more STARTUPS creating content and they do not have to follow the old copyright laws and will have more power to change the laws in the future to enable people
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Re: Big loss but also a big win for the future
Don't worry, when they start to become a problem they will get "regulated".
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Re: Big loss but also a big win for the future
They're already demanding changes and have been for years, but nobody who can actually make those changes is listening or has any interest in fixing the problem.
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Re: Big loss but also a big win for the future
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Saved on network devices and sent via the internet to a subscriber device after login.
Saved on a consumer home device (even a rented one) and then transmitted from that device over the internet to another device the subscribe logs in from.
One is the company rebroadcasting, the other is the subscriber time and place shifting. One requires a separate license (for reasons that are still unclear to me...its all 1's and 0's now, right?), and the other has already been cleared by the courts as acceptable.
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Maybe I should be appointed to make decisions on foreign policy. Sure, I'm pretty clueless on the issues involved, but that never stopped SCOTUS.
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Sell the equipment
1. They delayed the retransmission (some sites said maybe 10 minutes, what about an hour?)
2. What if they SOLD the equipment to the subscribers rather than renting it? Maybe $99 or $129 depending upon the amount of data storage you want. They would just be another cloud service. In fact, they could encrypt the signals when recorded, and decrypt them only on the subscriber's system. Now it CAN'T be a public performance.
Let's be real, here. You only get the signals for your local area. You can't get Chicago channels if you live in New York. Some of us live in areas where there are NO channels via HD. Our options are limited. Lucky guys.
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Re: Sell the equipment
2) Still dancing around the legal head of the pin. It's not the equipment that is relevant, it's the service rendered. The issue is that for a single user in a single case, it's likely not an issue. However, Aereo does it on a massive scale, parallel. That is the nature of a cable TV undertaking - or even better IPtv.
You only get the signals for your local area.
Actually, Aereo also included (in New York) Bloomberg Financial, which was not broadcast.
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Re: Re: Sell the equipment
Interesting point, I hadn't realized that...
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