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Given that that Aereo business model was taken directly from a Supreme Court ruling, I think that they should have a strong argument. With the broadcasters goin
by mbreese 13y ago
Given that that Aereo business model was taken directly from a Supreme Court ruling, I think that they should have a strong argument. With the broadcasters going to different circuit courts with cases, this might be done to deal with having different rulings in lower courts. This should probably seen as a good thing for Aereo that it is their case that is being heard vs another (shakier) business model.
- matthewmcg 13y agoIt is more accurate to say their business is based on a Supreme Court ruling and an appeals court ruling. PART of the business model comes from a Supreme Court ruling (the Sony Betamax case) that permitted home recordings as fair use. The other part is based on a Second Circuit case (Cablevision) that authorized remote DVR service. There is a circuit split on several elements in the Cablevision holding so it is quite possible the Supreme Court could rule against Aereo.
- mbreese 13y agoYep... you're right. I had forgotten that the Supremes had just let the Cablevision Second Circuit case stand and didn't rule on it themselves. Wasn't their another remote DVR case though that they ruled on that had de-duplicated the data for multiple users? The difference in the Cablevision remote DVR being that they didn't de-duplicate data.