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Aereo, and the thing that killed their case was that the Supreme Court already agreed with their logic in the 1970s and Congress created a brand new regime of r
by kmeisthax 4y ago
Aereo, and the thing that killed their case was that the Supreme Court already agreed with their logic in the 1970s and Congress created a brand new regime of retransmission rights specifically to say "no, cable TV REALLY needs to pay for things that are free". Even if they won, Congress would overturn the case.
You might also be thinking of Locast, which tried to take advantage of a very specific loophole Congress put in that same law that killed Aereo. Basically they didn't want to criminalize existing community antenna systems, so they said that ones that were operated as non-profits could still operate. They could recoup costs but that's it. This regime is so very specific that the judge was able to cut Locast out of it by merely pointing out that they used money recouped for costs to expand their operations.
- dylan604 4y ago>Congress would overturn the case. how can Congress overturn a case? Are you implying that they would create new legislation that specifically makes rules to attempt to fix the loop hole the judges allowed in the first case? Clearly, that would start the march to the Supreme Court over to challenge the new law. However, I would disagree with the phrase "Congress would overturn the case" as anything accurate
- fiddlerwoaroof 4y agoA Supreme Court case doesn’t make law, it interprets a specific set of circumstances according to existing law. So, if Congress passes a new law that invalidates the interpretation the Supreme Court uses in the case, then the case no longer applies (unless the case was decided on Constitutional grounds).
- bonzini 4y agoInteresting that Scalia, Thomas and Alito were the ones dissenting in favor of Aereo; while Thomas and Alito were the ones who later dissented in favor of Oracle in Oracle v. Google.