Aereo Attracts Support From Dish Network, EFF & More For SCOTUS Hearing

As much as I like Aereo's concept, I find that I cannot buy their argument that they "are not broadcasting copy-written material as they are renting their users individual antennas."

Aereo is re-transmitting the copy-written material to the user, modifying the ATSC RF waveform into a bitstream that is more Internet-friendly. Do they keep the original MPEG-2 or use more efficient MPEG-4 encoding? If so, that is modifying the broadcaster's copyright program.

Also, does this transcoding occur on thousands of individual ATSC receiver feeding thousands of individual MPEG-4 encoders, each of which is networked with a unique IP address? If not, the user can't say they are in unique control of an individual piece of hardware as others could be using it at the same time.

Aereo claims that each subscriber has exclusive access and control of: An antenna, a receiver, storage area, and a streaming system. Aereo's claims are that there ARE individual encoders. I don't know if those are separate hardware, or merely a separate instance of software. I am pretty sure that Cablevision's remote DVR does not have an individual hard drive per customer. They have an allocated amount of storage that is accessible only by one subscriber. I don't think that encoding services happening in parallel on one computer would be enough to invalidate Aereo's claims.

I have not seen the details of Aereo's technology, so I can't say for sure. However, the briefs by the broadcasters, along with EVERY SINGLE post I have seen in forums that refute Aereo's claims use vague arguments. I have not seen even one single post that describes technically how Aereo is not leasing individual systems to individual subscribers. I have seen many that describe how Aereo "looks bad", or "looks like a cable company", or that they can't believe Aereo. I am not attempting to criticize your post. I would like to see someone who is against Aereo to post actual technical or legal details refuting their claims.
 
Aereo claims that each subscriber has exclusive access and control of: An antenna, a receiver, storage area, and a streaming system. Aereo's claims are that there ARE individual encoders. I don't know if those are separate hardware, or merely a separate instance of software. I am pretty sure that Cablevision's remote DVR does not have an individual hard drive per customer. They have an allocated amount of storage that is accessible only by one subscriber. I don't think that encoding services happening in parallel on one computer would be enough to invalidate Aereo's claims.

I have not seen the details of Aereo's technology, so I can't say for sure. However, the briefs by the broadcasters, along with EVERY SINGLE post I have seen in forums that refute Aereo's claims use vague arguments. I have not seen even one single post that describes technically how Aereo is not leasing individual systems to individual subscribers. I have seen many that describe how Aereo "looks bad", or "looks like a cable company", or that they can't believe Aereo. I am not attempting to criticize your post. I would like to see someone who is against Aereo to post actual technical or legal details refuting their claims.

That is the problem of internet critics. No one has access to Aereo server farms. Until it is detailed in court, everyone is just guessing.
 
Got this email today:

Standing up for Innovation, Progress and Technology, Continued

?
Last December, we agreed to the broadcasters’ request to seek review of their claims by the United States Supreme Court. We made that decision because we wanted their claims against Aereo resolved on their merits, rather than through a wasteful war of attrition.

On April 22, Aereo will present our case to the United States Supreme Court. We remain steadfast in our conviction that Aereo’s cloud-based antenna and DVR technology falls squarely within the law. We have every hope and confidence that the Court will validate and preserve a consumer's right to access local over-the-air television using an individual antenna, make a personal recording with a DVR, and watch that recording on a device of their choice.

Much has been written about Aereo and its technology, as well as the Supreme Court case. Many of you have reached out to us asking for more information and ways to help the company.

Today, we are launching a website, that provides you with some basic information about Aereo and the legal claims before the Supreme Court.

At ProtectMyAntenna.org, you’ll find court briefs, amicus briefs and court decisions related to the Supreme Court case. You can also sign up for updates to stay in touch with the Aereo team.

What is at stake in this case is much bigger than Aereo. We believe that consumers are entitled to use a modern, cloud-based, version of an antenna and DVR and that consumers should not be constrained to 1950’s era technology to watch free-to-air broadcast television. The broadcasters’ positions in this case, if sustained, would impair cloud innovation and threaten the myriad benefits to individuals, companies, and the economy at large of the advances in cloud computing and cloud storage. Several amicus briefs including those from CCIA and Mozilla, Public Knowledge, the Consumer Electronics Association and the Electronic Frontier Foundation, directly address these issues.

We hope you’ll find ProtectMyAntenna.org useful. Sign up for updates and spread the word!

Thank you for your continued support. It means a great deal to all of us at Aereo.
 
Not surprising considering what the Networks feel is at stake.

Yes, but the tech industry strongly suggested that internet innovation would stop after Grokster, and the movie industry was absolutely sure that the Sony Betamax case was going to cause movie production to cease.
 
I like the idea of Aereo, but think they are stretching the truth with their explanation of how it works. If the cable and sat companies pay the local stations $5 ish a month for the right to rebroadcast i think aereo probablh should as well. Or am i missing something?
i live on the wrong side of a hill so i cannot pick up locals. So i love the idea, even if i don't get a dvr.
 
I like the idea of Aereo, but think they are stretching the truth with their explanation of how it works. If the cable and sat companies pay the local stations $5 ish a month for the right to rebroadcast i think aereo probablh should as well. Or am i missing something?
i live on the wrong side of a hill so i cannot pick up locals. So i love the idea, even if i don't get a dvr.

I do not think you are missing something. That is what the courts are going to have to decide.
 
I like the idea of Aereo, but think they are stretching the truth with their explanation of how it works. If the cable and sat companies pay the local stations $5 ish a month for the right to rebroadcast i think aereo probablh should as well. Or am i missing something?
i live on the wrong side of a hill so i cannot pick up locals. So i love the idea, even if i don't get a dvr.
To me the question is whether Aereo is rebroadcasting? Are they taking a single signal and distributing it to multiple devices? Or are they (as they claim) taking multiple signals and distributing it to single devices?

If I am allowed to receive an OTA signal at my house, and via slingbox, send it over the internet to wherever I happen to be at the time, then, assuming Aereo is doing what they claim, they should be legal.

My .02.
 
I would say yes, you are missing something. I think that's a losing argument for the Networks, and not the path they will take. The carriers do not get the signal via a free OTA signal. So if that's the argument, Aereo wins. The carriers do not have a separate receiving antenna for each subscriber, so again, if that's the argument Aereo wins.

I also do not think Aereo is stretching the truth. There is not one person, group, investigation or otherwise that has said it does not operate as they say other than their own say so. The closest is a theory that it takes all the individual antennas grouped together to get the signal, thus it isn't one antenna per person, but again simply a theory. You have to explain why literally a paperclip can work if you are positioned near enough to the broadcasting antennas then.

It will take one of three things.
There is some very technical reason the Court can be convinced of that is not strictly one signal reaching one legally allowed person to receive the signal and Aereo is broadcasting to the masses. None of us can possibly know if that can be demonstrated, but when everything is looked at carefully, maybe that will be the conclusion.

Or, the Court finds Aereo is not simply charging for the lines and DVR service, but in fact is charging for the signal. Many said once Aereo added other channels it make them a carrier and would lose. I say just the opposite, they did that to show they have other services they charge for, the OTA isn't one of them.

"Aereo does not own the copyrights or any other intellectual property rights in any broadcast television programming that you choose to view using the Equipment. Aereo provides only the Equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the Equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of (except for recordings on the Aereo Platform) and/or disseminating any over-the air broadcast content that you chose to access using the Aereo Equipment.
Both there and in other places they make it clear you are paying for the equipment use and other programming. Obviously a Court will be deciding that.

Lastly, even though technically if it can not be demonstrated Aereo is in any violation, are they circumventing the spirit of the law. This is the one that always goes hand in hand with technology, and I feel is the one the Networks will really be pushing.
 
I like the idea of Aereo, but think they are stretching the truth with their explanation of how it works. If the cable and sat companies pay the local stations $5 ish a month for the right to rebroadcast i think aereo probablh should as well. Or am i missing something?
i live on the wrong side of a hill so i cannot pick up locals. So i love the idea, even if i don't get a dvr.
you're not missing anything. I think they're stretching as well.

I think the problem here is that the antennas aren't on someone's own premises. It's basically moved from being for personal use to Aereo retransmitting for their own commercial operation. They may use some attempt at saying you're using some tiny antennas, but it's really just a trick to try to sell it as being legal.

Ultimately, it's up to the courts as to whether it will be temporarily be allowed.

Don't forget that Congress can eliminate Aereo by clarifying/removing any loopholes. The politicians don't want to be the one's who are blamed for the decline of the broadcast networks. Just look at the Obama administration who came out in support of the networks.
 
I would say yes, you are missing something. I think that's a losing argument for the Networks, and not the path they will take. The carriers do not get the signal via a free OTA signal. So if that's the argument, Aereo wins. The carriers do not have a separate receiving antenna for each subscriber, so again, if that's the argument Aereo wins.

Some cable companies do receive the station OTA.

I think it will come down to a property issue. Do you really own that antenna if you do not have physical control over it (i.e. it is not on your property).
 
I would say yes, you are missing something. I think that's a losing argument for the Networks, and not the path they will take. The carriers do not get the signal via a free OTA signal. So if that's the argument, Aereo wins. The carriers do not have a separate receiving antenna for each subscriber, so again, if that's the argument Aereo wins.

I also do not think Aereo is stretching the truth. There is not one person, group, investigation or otherwise that has said it does not operate as they say other than their own say so. The closest is a theory that it takes all the individual antennas grouped together to get the signal, thus it isn't one antenna per person, but again simply a theory. You have to explain why literally a paperclip can work if you are positioned near enough to the broadcasting antennas then.

It will take one of three things.
There is some very technical reason the Court can be convinced of that is not strictly one signal reaching one legally allowed person to receive the signal and Aereo is broadcasting to the masses. None of us can possibly know if that can be demonstrated, but when everything is looked at carefully, maybe that will be the conclusion.

Or, the Court finds Aereo is not simply charging for the lines and DVR service, but in fact is charging for the signal. Many said once Aereo added other channels it make them a carrier and would lose. I say just the opposite, they did that to show they have other services they charge for, the OTA isn't one of them.

"Aereo does not own the copyrights or any other intellectual property rights in any broadcast television programming that you choose to view using the Equipment. Aereo provides only the Equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the Equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of (except for recordings on the Aereo Platform) and/or disseminating any over-the air broadcast content that you chose to access using the Aereo Equipment.
Both there and in other places they make it clear you are paying for the equipment use and other programming. Obviously a Court will be deciding that.

Lastly, even though technically if it can not be demonstrated Aereo is in any violation, are they circumventing the spirit of the law. This is the one that always goes hand in hand with technology, and I feel is the one the Networks will really be pushing.

I guess I am; that is perhaps why this is in the courts and not the engineering world.


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But...... where does it say the antenna has to be on your property - or under your control? If it that were true, Aereo would immediately be shut down. Again, this is the typical technology outpacing what people could think of years ago when the rules were made, no different than the DVR/VHS/Digital music debates. I'm not even remotely saying Aereo will win, but equally I'm not saying they will lose, it just isn't that clear cut.
 
Some of the replies are only responding to part of what I said. Ok, I don't know for a fact but I believe DISH and other carriers in some instances may get the signal OTA. However the other part of that is they get that signal likely from one antenna or perhaps also a backup, then broadcast that one signal to thousands of people. Not what Aereo is doing.
 

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