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Showing the TV program in a bar is a public performance, and the license only allows for private use. Regardless how you interpret the benefits of public displa

by Jare 8y ago

Showing the TV program in a bar is a public performance, and the license only allows for private use. Regardless how you interpret the benefits of public display (and I agree 100% with you), it's not our decision but the licensor's.

Rjevski 8y ago
Anything that can be received for free over the air without signing any kind of license agreement should not count as "public performance" in my book.
- acjohnson55 8y ago
  Aereo thought so too. Their business model was based around hosting colocated TV antennas, from which they streamed broadcast TV to users on a 1:1 basis, geofenced by broadcast market. The Supreme Court shot this argument down. https://en.m.wikipedia.org/wiki/Aereo https://en.m.wikipedia.org/wiki/Aereo The problem is that this is the business model of broadcast networks in a world of cable TV. The statutory retransmission fees funnel some cable TV revenue back to the broadcasters. It doesn't really make sense from first principles, but it has been a pragmatic compromise. The messed up thing about Aereo is that after being shot down by the Supreme Court, they tried to get a license to operate as a cable company but were shot down on that front, too.
  - darkarmani 8y ago
    Maybe they should have sold a share rather than leasing it? If a user owns an antenna and views their own stream, that's a private performance.
    - acjohnson55 8y ago
      Yeah, that would be an interesting twist. My guess is the RF tech is a lot easier to deploy when you can plan for some percentile of peak utilization, rather than 1:1 with the user base. Even then, they'd undoubtedly face legal challenges, so they must have made the judgment call that the odds were on their side. Which may have been a reasonable conclusion. A lot of the judgments were actually on their side until the circuit split and the final Supreme Court decision. After all, one wouldn't imaging that leasing an old-school aerial antenna would be a legal issue. It was a hot topic on HN several years back. I may be biased, as my wife did PR for Aereo through the firm she works for. But I definitely buy the logic that what they were doing was technical a private performance.

by Jare 8y ago

Rjevski 8y ago

Anything that can be received for free over the air without signing any kind of license agreement should not count as "public performance" in my book.

acjohnson55 8y ago
Aereo thought so too. Their business model was based around hosting colocated TV antennas, from which they streamed broadcast TV to users on a 1:1 basis, geofenced by broadcast market. The Supreme Court shot this argument down. https://en.m.wikipedia.org/wiki/Aereo https://en.m.wikipedia.org/wiki/Aereo The problem is that this is the business model of broadcast networks in a world of cable TV. The statutory retransmission fees funnel some cable TV revenue back to the broadcasters. It doesn't really make sense from first principles, but it has been a pragmatic compromise. The messed up thing about Aereo is that after being shot down by the Supreme Court, they tried to get a license to operate as a cable company but were shot down on that front, too.
- darkarmani 8y ago
  Maybe they should have sold a share rather than leasing it? If a user owns an antenna and views their own stream, that's a private performance.
  - acjohnson55 8y ago
    Yeah, that would be an interesting twist. My guess is the RF tech is a lot easier to deploy when you can plan for some percentile of peak utilization, rather than 1:1 with the user base. Even then, they'd undoubtedly face legal challenges, so they must have made the judgment call that the odds were on their side. Which may have been a reasonable conclusion. A lot of the judgments were actually on their side until the circuit split and the final Supreme Court decision. After all, one wouldn't imaging that leasing an old-school aerial antenna would be a legal issue. It was a hot topic on HN several years back. I may be biased, as my wife did PR for Aereo through the firm she works for. But I definitely buy the logic that what they were doing was technical a private performance.