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re: Aereo: How can anyone argue this is anything other than theft?

Posted on 4/25/14 at 6:43 am to
Posted by a want
I love everybody
Member since Oct 2010
19764 posts
Posted on 4/25/14 at 6:43 am to
quote:

It's not theft. The airwaves are free. Any schmuck has always been afforded the opportunity to capture them. No problem if you pay for a service to do it for you. I don't understand why this thread has gone this far. The answer is above. Anybody can install rabbit ears and tin foil or pay somebody to do it for them. /thread. You can all go home now.


You might want to read the thread before you call it a day.
Posted by C
Houston
Member since Dec 2007
28156 posts
Posted on 4/25/14 at 6:56 am to
quote:

But if Aereo is the owner of the equipment, Aereo are the first user.


I think if they rule in this way you are going to cause more troubles to other people. 1st: is Aereo able to actually use the content? How can they be the first user if the only person with access is the end user? 2nd: what about an apartment complex the provides antenna service to the tenants? I'm sure no one is going to go after apartments for transmission fees, etc but aren't they providing a transmission service to the tenants as part of the lease agreement?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135378 posts
Posted on 4/25/14 at 6:58 am to
quote:

quote:

It's not theft. The airwaves are free.
You might want to read the thread before you call it a day.
No. No. It's clear as a bell.

The airwaves aren't supposed to be free. Medicine is.

We get it.

Totally.


Posted by Taxing Authority
Houston
Member since Feb 2010
62500 posts
Posted on 4/25/14 at 9:39 am to
quote:

They gave opinions when questioning. They have not passed down their ruling.
I know. But their comments during oral arguments are meaningless. As noted many read the tea leaves during the Obamacare arguments incorrectly.

quote:

Now if they RULE Aereo can no longer do that, how does that decision carry over to that industry?
I doubt it will. Generally, the court's opinions are very narrow. It would be quite a shock for the court to draw up an opinion that would wipe out legitimate cloud-based services indiscriminately.

quote:

I hope that was a bit clearer.
Ok. Thanks. I was aware of both. Dish settled out of court on the Hopper with we networks that sued them. No telling what agreements they struck with the others, but I'd bet something is baked into their retransmission agreements.
Posted by Taxing Authority
Houston
Member since Feb 2010
62500 posts
Posted on 4/25/14 at 9:46 am to
quote:

1st: is Aereo able to actually use the content?
Not without an agreement with copyright holders.

quote:

what about an apartment complex the provides antenna service to the tenants?
Couple of key differences. First the shared antenna doesn't make a transcription. It's the original signal. Second, without a transcription, the tenants are the first person to receive the signal. It wouldn't be a retransmission.

It's a fine distinction, but copyright law is rife with such granularity.

quote:

I'm sure no one is going to go after apartments for transmission fees, etc but aren't they providing a transmission service to the tenants as part of the lease agreement?
Aye. But just because you aren't prosecuted, doesn't mean its legal. Millions of people downloaded from Napster. Only a few were pursued.

Posted by ShubutaMS
5682 posts
Member since Aug 2013
1434 posts
Posted on 4/25/14 at 9:48 am to
quote:

watching TV and the person turning the antenna. "OK OK GOOD..Good...Better...Good...WORSE!!!"


Posted by moneyg
Member since Jun 2006
61878 posts
Posted on 4/25/14 at 9:55 am to
quote:

But if Aereo is the owner of the equipment, Aereo are the first user. So it's a bit different than a simple TV card.



I'm guessing this is where the technical argument will lie. Given that Aereo is leasing its equipment to individuals who are already capable of receiving the programming free of charge, are they making the case that it is the consumer that is still the first user?
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50762 posts
Posted on 4/25/14 at 10:27 am to
quote:

You might want to read the thread before you call it a day.
I had fun reading that post. Somehow, I envisioned Foghorn Leghorn "telling it like it is".
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50762 posts
Posted on 4/26/14 at 10:28 pm to
I was on a camping trip today with my son's scout troop. As we dad's were hanging out, several of us were trying o follow the Mavs/Spurs game. There were about two minutes left in the game. Someone lamented, it sucks we can't watch the end of the game.... Nobody thought to bring a TV.

I suddenly thought, "sure we can!"

With only about 30 seconds left in the game, I downloaded Aereo, went to their website, set up an account, went back to open the application, signed in, tuned to channel 21 in Dallas, and all six of us watched the Mavs beat the Spurs on the last play!! It was great!

The weather is going to be bad tonight, so everyone packed up and now I'm home. I've watched some videos tonight on how their little antenna works. It really is innovative and explains a lot.

After experiencing it and now understanding how their technology works, I think what they've done is a remarkable achievement. I hope the court sides with them, and if the Supremes rule against them, I hope they figure out a way to continue their operations. I mean, just tonight, I had the right to view a live broadcast and instead of using a local antenna, I used a remote antenna. I did nothing illegal, and.... the important distinction is, I personally made the decision as to which over-the-air broadcast my antenna tuned to and sent me, not Aereo.

Very cool, even if only for a minute.

Posted by C
Houston
Member since Dec 2007
28156 posts
Posted on 4/27/14 at 8:10 am to
Interesting. Is there a way to watch OTA broadcast on you cell phone without aereo?
Posted by darkhorse
Member since Aug 2012
7701 posts
Posted on 4/27/14 at 8:37 am to
Yes there are other apps. One that does the exact same thing.

Again, Aero is geo locked. Meaning you have to live in an area they service.


The other is not.
Posted by C
Houston
Member since Dec 2007
28156 posts
Posted on 4/27/14 at 9:09 am to
I mean legal in the eyes of the the OTA providers
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50762 posts
Posted on 4/27/14 at 10:18 am to
[link=(www.watch.nimbletv.com)]Nimble TV[/link]this service is coming. They pay your cable company to rebroadcast its signal and you can watch anywhere. Currently, only for NYC content plus cable channels.
Posted by Jimmy2shoes
The South
Member since Mar 2014
11004 posts
Posted on 4/27/14 at 10:57 am to
I don't agree that it is theft. I want to get those stations and I'm willing to pay for it, I should have the ability to get it! If I can figure out a way to "spoof" my location I would do it and pay aereo.
Posted by Taxing Authority
Houston
Member since Feb 2010
62500 posts
Posted on 4/27/14 at 10:59 am to
quote:

I want to get those stations and I'm willing to pay for it,
The problem is you aren't paying the people that created the content you want to watch.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50762 posts
Posted on 4/27/14 at 11:02 am to
quote:

The problem is you aren't paying the people that created the content you want to watch.

I don't pay them now. Why should I pay them because I pay someone else to manage my antenna? They aren't uilaterally sending me the signal. I am.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50762 posts
Posted on 4/27/14 at 11:03 am to
quote:

I don't agree that it is theft. I want to get those stations and I'm willing to pay for it, I should have the ability to get it! If I can figure out a way to "spoof" my location I would do it and pay aereo.
You use a proxy.
Posted by Taxing Authority
Houston
Member since Feb 2010
62500 posts
Posted on 4/27/14 at 11:15 am to
quote:

I don't pay them now.
Aye. Not directly. But the station pays the creators based on your (and other's) viewership. That viewership isn't calculated with Aereo viewers. When it is... the cost will increase to the local station. Who should pay for that?

quote:

Why should I pay them because I pay someone else to manage my antenna?
You should pay for what you take. Nothing wrong with taking what is offered by the creator. But in this case you're taking something that wasn't offered.

Why shouldn't the creator's get paid for your consumption of their content? As the OP said, he's willing to pay.
Posted by BOSCEAUX
Where the Down Boys go.
Member since Mar 2008
51303 posts
Posted on 4/27/14 at 11:43 am to
quote:

You do realize I can dvr free broadcast signals with a simple computer and no cable connection...right?Yes, but you're using an OTA signal. Not a translated signal. Where you'd run into problems is if you wired it into your neighbor's house. You need to look into the concept of first use.



I have to say that I totally disagree with you on this. It is not a rebroadcast, it is an antennae, just a digital one that captures the signal in real time just like rabbit ears. With Aero it's just a software rental agreement for the antennae and space on the cloud to record shows, nothing more.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50762 posts
Posted on 4/27/14 at 11:54 am to
In order:

I just increased by six the viewership of a program, yesterday, thereby creating wealth for the television station who can charge more for advertising. The station is not charged more by content creators if their viewership is higher. Your logic is flawed.

Not true. The station offers it to me for free over my antenna. My antenna can be anywhere. It can be home. It can be remote. I can have as many antenna as I choose. The only question is, which cable the signal travels over, my copper cable, my rabbit ears, or my wireless. At this time, that is not defined. What IS defined, however, is that the broadcasters must allow my antenna to receive it. This is part of the rules included with their free license that they receive from you and me, the owners of the spectrum our government provides them. Since I own that, and since I'm entitled to receive it, and put up with screaming car commercials, the subject of me paying for what I take is a non-issue. I'm not TAKING anything. I'm RECEIVING what they are begging me to take so they can sell advertising.

Nobody is not already being paid. Another flawed argument. The actors, production staff, editors, gaffers, artists, musicians, distributors, technicians and investors are all being paid for their content under contracts. Those contracts are created based on one premise, and one premise only. Find a way to deliver that content to the most viewers, thereby increasing the value to the original purchaser of that content, which, in this case, is the networks and their affiliate stations who pay the networks a licensing fee and are entitled to X amount of prime time advertising and XX amount of time for local programming and advertising.

The fact is, this is nothing more than a money grab to increase the size of the pie, not because Aereo is taking a slice of the pie. In fact, Aereo should increase the advertising dollars pie by grabbing back local viewers that broadcast network television loses to cable networks and general Internet content providers. Asking ME to PAY in order for THEM to increase their advertising revenue is ridiculous. They already get the spectrum for free to deliver advertising to me. Why should you, or me or anyone else have to pay for what we already gave away to begin with?
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