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

Posted on 4/22/14 at 2:31 pm to
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 4/22/14 at 2:31 pm to
quote:

Either way, this is beginning of the end of his company.


agreed.

However, this holds interesting implications for streaming content, both on the wbe and through the air.

It opens up a whole pandora's box that the large media outlets would rather keep boxed up!
Posted by darkhorse
Member since Aug 2012
7701 posts
Posted on 4/22/14 at 2:32 pm to
Right... they are not reproducing. You are renting an antenna that is only in your viewing area. You can't rent an antenna in Dallas if you live in Atlanta. It is geo locked.
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 2:35 pm to
quote:

based on the 2nd court we are talkign delivery method..
indeed. That's why I described it as too narrow.

quote:

the content has been freely and openly broadcast. So long as the method doesnt alter the content, as the 2nd said...this is a loser.
Which is proof that the decision is too narrow. I can copy CDs all day without altering the content. That doesn't make it any less of a copyright violation.
Posted by moneyg
Member since Jun 2006
61873 posts
Posted on 4/22/14 at 2:38 pm to
quote:

If the networks lose or if they win, they will cease ota signals.


I don't see that happening.
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 2:41 pm to
quote:

I dont know how else to explain it to you...nobody is reproducing anything.
Unless the viewing receiver is directly connected, it's a transcription. I'm not sure how that's debatable. But well just have to agree to disagree. I cannot agree that water is not wet.
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 4/22/14 at 2:42 pm to
quote:

I can copy CDs all day without altering the content. That doesn't make it any less of a copyright violation.


1) I do not have a "position". So, this is Devil's Advocate stuff..

2) You CAN take that CD, copy it (for your use) into iTunes (for example) and listen to it at different times and on different devices.


I think the contention of the service is that you are buying an antenna and that you, basically, have a DVR that they maintain (a cloud based DVR?). Anyway...you are simply DVRing the TV show and "slingboxing" it to your phone / tablet, etc.

Not advocating here. Just, that is my understanding of the position
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 2:42 pm to
quote:

If the networks lose or if they win, they will cease ota signals.
I think this is he likely result. And will not end well. If you think the media has a stranglehold now, it will only get worse.

This post was edited on 4/22/14 at 2:44 pm
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 4/22/14 at 2:43 pm to
quote:

Unless the viewing receiver is directly connected,


Is Slingbox okay?
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 2:45 pm to
quote:

Is Slingbox okay?
Form a copyright holders perspective... on the surface... hell no. It's a transcription.

That said, they may operate under a clearing house agreement. I honestly don't know.
Posted by LSUnKaty
Katy, TX
Member since Dec 2008
4755 posts
Posted on 4/22/14 at 2:48 pm to
quote:

Form a copyright holders perspective... on the surface... hell no.
According to the cablevision case cited in the linked opinion it is.
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 2:49 pm to
quote:

You CAN take that CD, copy it (for your use) into iTunes (for example) and listen to it at different times and on different devices.
Indeed. That's first use. You are licensed by the CD manufacturer to do that. You aren't paying Apple to provide the capability to create that copy for you.
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 2:51 pm to
quote:

According to the cablevision case cited in the linked opinion it is.
It's a bit more complex than that. You have to go all they way back to the "must carry" rules enforced by the FCC. Clearly Aereo doesn't fall under those rules. Yet.
Posted by C
Houston
Member since Dec 2007
28156 posts
Posted on 4/22/14 at 3:15 pm to
quote:


If the networks lose or if they win, they will cease ota signals.


no way. OTA signals are valuable.
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 3:28 pm to
quote:

no way. OTA signals are valuable.
Valuable? Sure. But it's declining rapidly. Incurring the liability associated with mechanical licensing would end it pretty quick. It would end barter programming. Most local stations would never be able to afford to pay cash (they can't do it now!) And I'd expect licensing and syndication to increase by 10x at least.

It's not in anyone's best interest. Even Dish Network ended up settling with networks when they came out with The Hopper.

I'd reckon that since these cases were settled rather than adjudicated, helps Aereo's position.
This post was edited on 4/22/14 at 3:30 pm
Posted by CAD703X
Liberty Island
Member since Jul 2008
91098 posts
Posted on 4/22/14 at 4:52 pm to
im' still not clear on this device.

is this to help people who are trying to get OTA signals now but due to geography (i cant in nashville due to hills but people in other parts of town can) can now watch those channels they should be able to already watch?

or is it more than that?

i get that its got DVR capabilities built in..but hell what doesnt these days?

sounds like it does 2 things

1. access to OTA signals you should be able to get anyway if you have a strong enough antenna

2. dvr to record those networks if you dont happen to be around when they're on live.


so whats the problem again? the cable & sat companies want the OTA experience as miserable as possible for end users so they 'buy into' their networks to gain access to NBC?
Posted by darkhorse
Member since Aug 2012
7701 posts
Posted on 4/22/14 at 5:04 pm to
It is directly connected!!!! Not sure what is hard to understand about that.
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 5:07 pm to
quote:

It is directly connected!!!! Not sure what is hard to understand about that.
Must be a long wire.
Posted by darkhorse
Member since Aug 2012
7701 posts
Posted on 4/22/14 at 5:09 pm to
Yes way. They have already been very vocal about that due to this court case. Btw... they are not the only service that does this.
Posted by darkhorse
Member since Aug 2012
7701 posts
Posted on 4/22/14 at 5:15 pm to
As stated, this service is a rental of a antenna. It's not just one antenna either. When you subscribe, they put up an antenna for your use and your use alone.

Then they run the wire (internet) to your tv.

Again, this is simply not stealing a signal. It's renting an antenna for your personal use.
Posted by Taxing Authority
Houston
Member since Feb 2010
62494 posts
Posted on 4/22/14 at 5:35 pm to
quote:

Then they run the wire (internet) to your tv.
im confused. Do they transcribe it and retransmit via internet, or do they physically run coax to your house? If the latter, than I'm completely wrong about the whole thing.
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