No, they're charging a rental fee for antenna and DVR/sling equivalent equipment that gives someone access to OTA broadcasts that they are entitled to receive because they love in the DMA.
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Aereo Attracts Support From Dish Network, EFF & More For SCOTUS Hearing
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As mentioned above, the antenna is mine. I lease it and the space it sits on. I lease the equipment to record and play back the signal. I lease the bandwidth to pipe it through the internet. I pay a person to maintain the equipment.
Say I go to a rent-a-center and rent all the equipment and take it home to use and hire a person to set it up. Is that person and rent-a-center now rebroadcasting a signal for me? I never touched the stuff.
You can repeat yourself that the person is charging me for rebroadcasting, but this is really not what is being done.
The bolded is key in my opinion. "Broadcasting" implies taking one signal and distributing it to many locations. That's not what Aereo is doing. Aereo is taking the received signal (from an antenna dedicated to a single subscriber), putting it into a receiver (dedicated to a single subscriber), and passing the output of that receiver to the subscriber. That's not a "broadcast".
I have an antenna at my house. It feeds my Dish DVR. If *I* put in a slingbox, am I allowed to watch the slingbox feed from elsewhere than my house? If "yes", then Aereo is fine (IMO). If "no", please let us know what law prevents that.
Except that with Aereo, they are being paid. In your situation, you are just bouncing around a signal for your own use (though I'm certain the Networks would like to stop that too
).
Except that with Aereo, they are being paid. In your situation, you are just bouncing around a signal for your own use (though I'm certain the Networks would like to stop that too
But under copyright law, it does not matter if you are being paid or not. Just read the piracy warnings that you are forced to sit through on DVDs.
*winks* added
Huh? In what possible way is that even remotely related to Aereo or even a sensical representation of how I see what Aereo is doing?
It is what is being done, they are just winking there way around it. They are recording OTA programming and charging people to watch it.
Just as Cablevision is recording programs form cable channels and OTA, but SCOTUS said that is legal.
And like I alluded to, the broadcasters would also like to stop you from using Sling technology.
Doesn't Cablevision have agreements with the channel providers?
Not to DVR the shows in the cloud. They were sued by the same broadcasters because they store the programs in the cloud. The broadcasters argued that since the recordings were not at the customers house, Cablevision was recording and rebroadcasting their copyrighted content without consent.(Sound familiar?) SCOTUS decided that even if the recording was stored on Cablevision's servers, that if the customer had direct control of(sound familiar?), and sole access to(sound familiar?) the cable from the customer to Cablevision's servers was basically a long remote control. If Cablevision had recorded the broadcast and allowed multiple customers to access it, they would have been violating the law. Since they had individual hardware that the customer exclusively controlled, they were not violating the law.
Your arguments seem to be that Aereo looks like a cable company, so the same regulations apply to them. Many people in this thread have pointed out the details of Aereo's argument. The things people keep asking have to do with exactly what part of Aereo's business violates the law. If a person walks down the street in a skin colored bodysuit, they can't be arrested for indecent exposure just because an old man sitting outside the barber shop believes that they are naked. They actually have to be exposing themselves to be breaking the law.
No winks necessary.
Going to rent-a-center and getting an antenna and Tivo = Contact Aereo to get an antenna and DVR service just for you.
Taking the equipment home and hiring some one to set it up for you = Having Aereo personnel set up the Antenna and DVR you are renting.
It is perfectly analogous. Again, no *winks* needed except to ignore the parallels.
No *winks* required. If you can show that they do not have a separate antenna for each individual, then MAYBE you can argue it's a CATV.
That would be an argument that would be damaging to Aereo's claims. If the individual antennas do not function, or do not function well unless they are in the array, then you could consider the array as one big antenna with multiple connection points. In all of the threads on SatGuys about Aereo, I don't remember one of the people posting against Aereo actually listing anything other than "They look bad" type arguments.
Isn't Cablevision already paying for that content? The Broadcasters just didn't like the distribution of said content.
Aereo isn't paying for the content, merely recording and then selling it.
The Cablevision customers only have access to programming that the customer is legally entitled to, even with the cloud DVR. The Aereo customers only have access to programming that they are legally entitled to in their DMA with an OTA antenna.
According to SCOTUS decision about Cablevision, the Aereo customer is recording the content. Aereo is only providing the hardware for the customer to control.
The point is that Cablevision had a right to the material to sell! They have contracts with the providers to be able to sell their programming. So I don't see how the Cablevision parallel with Aereo is as clean.
A DVR in the cloud. After looking up a few things, I think I'm starting to turn round on this.
The service gives you access to a single antenna that is capable of only receiving one channel at a time. But it is very complicated.
Aereo is capturing and distributing live OTA television without rights for a fee. This is still true. There is no difference in what is happening with the company if either the following are the spoken word:
- For $8 we'll let you stream live OTA television!
- For $8 we'll lease you an antenna, and access to our massively complicated encoding system, and DVR that will let you stream live OTA
They say they are doing the later, but it is no different than the first thing as well, which would be illegal without an agreement with the broadcasters. The case seems to be entirely entrenched in the fine print.
I believe all of the arguments that I have seen against Aereo seem to ignore the details and concentrate on vague pictures. Aereo is operating "like" a cable or sat provider, but they are not operating the same as those providers. Cable and Sat providers aggregate content and then distribute it. According to Aereo, they do not aggregate, they provide individual instances of hardware and software that is exclusively under the control of one customer. I believe that every single thing that Aereo does has been found to be legal. The question is if it is legal combined the way Aereo combines them.
Some of Aereo's details could be wrong. They might aggregate at some point. The antennas might only work as an array, not individually. There might be some other part of the law that prohibits combining components that are legal by themselves. I am not an Aereo fanboy, I just have not heard any points that lead me to believe they are violating the law.
I was about to post similar. As they say, the devil is in the details. I have to believe it will be one of two things. Aereo from begining to end is capturing free to air content at the behest of an individual legally able to receive it, and to no one else, or they are not. I'm not convinced charging a fee is particularly important, and further, I believe they can legally say the fee is for the DVR service, set-up,etc... Much like scalping tickets - sell it as part of a package, where the charge is for the other part of the package and you are all set.
It's what happens as the signal reaches the antenna and then is sent to you that the networks will be most trying to show is not a direct link. Does it require the array to work? When it leaves the antenna does it co-mingle at all to come out the other side to you?
Let's reduce the argument to it's simplest terms. Say, some entrepreneur local to your specific locale (only) offers to provide you with the OTA channels available in your area for a small fee including, the ability to record those channels for replay. No premium channels, no cable channels, no subscription channels. What say you?
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You haven't provided enough details. Only to me? Is he offering to others too? How is the signal received by him? How is it getting to me? You left out all the details that makes the case with Aereo.
It is the primary reason it only streams to one client at a time. (I was recently at their HQ in Foster City, where that was mentioned.)
But can't you use an antenna at home and have it hooked to multiple tvs? Obviously an antenna at home recieves the entire spectrum, where as Aereo's setup only can allegedly get just one channel at a time.
