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How Locast differs from Aereo: 1. They place an antenna in the same market as the subscribers, and don't stream content from one market to a viewer in a differ
by function_seven 8y ago
How Locast differs from Aereo:
1. They place an antenna in the same market as the subscribers, and don't stream content from one market to a viewer in a different market
2. They're nonprofit, which I guess changes the rules on this type of activity?
I hope he does get sued, and wins. This seems to be analogous to time-shifting your content using a VCR (now DVR), except it's space-shifting your antenna instead.
- wyldfire 8y ago> except it's space-shifting your antenna instead. IIRC, Aereo had distinct aerials per customer (at-a-time -- they oversubscribed/multiplexed them). > 2. They're nonprofit, which I guess changes the rules on this type of activity? Not really in terms of the statutes AFAIK, but it likely does change the specifics of the debate ever-so-slightly.
- daveevad 8y agoThe relevant legislation in the United States would be the Copyright Act of 1976. Presumably the fair use doctrine is most pertinent aspect applied here and the first part of section 107 explains that: "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes."[1] would be considered in determining compliance with the applicable statues of the law. [1] https://www.copyright.gov/title17/92chap1.html#107 https://www.copyright.gov/title17/92chap1.html#107
- wyldfire 8y ago§ 107 doesn't seem to apply since it's clearly not educational. If the ads that they run to support the service offset the broadcaster's ads, they will be motivated to bring suit, so we'll probably find out quickly whether Locast's business model constitutes Fair Use or not.
- function_seven 8y agoOh, I missed that detail. Locast is inserting ads? I could see that being a major point in a suit.
- aiyodev 8y agoDo you have a source that supports that Locast is running ads?
- wyldfire 8y agoReplying to myself: but 17 USC § 111.a.5 does apply and it's very specifically applies for "... other nonprofit organization, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service."
- javagram 8y agohttps://www.law.cornell.edu/uscode/text/17/111 https://www.law.cornell.edu/uscode/text/17/111 This is the statute Locast is relying on. “(5) the secondary transmission is not made by a cable system but is made by a governmental body, or other nonprofit organization, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service.” Aereo obviously couldn’t take advantage of this since they were for profit.
- deleted 8y ago[deleted]
- gwbas1c 8y agoYou always had to be in the same market with Aereo, they validated by your credit card billing address.
- kevincennis 8y agoWe definitely did have our antennas in the same market (DMA) as our subscribers, and went to great lengths to prevent customers from streaming when outside of their home market, as we felt that approach best complied with existing law.
- function_seven 8y agoThanks for the correction. I don’t know why I thought “I knew” that you had just the one facility.
- kevincennis 8y agoNo worries. When we first launched we were only in NYC, so for a while it was just one facility. But we kept adding them in each new market.