Aereo scored a big win in their fight to stream live network broadcasts. Last week, the United States District Court ruled against 17 network broadcasters in their bid to shut down Aereo. When the ruling was handed down, Aereo CEO and founder Chet Kanojia said, “today’s decision shows that when you are on the right side of the law, you can stand up, fight the Goliath and win.” “This isn’t just a win for Aereo, it’s also a significant win for consumers who are demanding more choice and flexibility in the way they watch television. We said from the start that we believed that a full and fair airing of the issues would reveal that Aereo’s groundbreaking technology falls squarely within the law. We are grateful to the court for its thoughtful and measured approach to this matter. Today’s decision should serve as a signal to the public that control and choice are moving back into the hands of the consumer – that’s a powerful statement.”
Much of Aereo’s case hinged on a 2008 ruling that allowed Cablevision to provide remote (cloud based) DVR services. According to court documents, networks “alleged that Cablevision’s proposed operation of the RS-DVR would directly infringe their exclusive rights to both reproduce and publicly perform their copyrighted works.” Networks lost this one too. Cablevision argued that “playback transmission was not ‘to the public,’ and therefore not a public performance as defined in the Copyright Act, because it ‘emanates from a distinct copy of a program uniquely associated with one customer’s set-top box and intended for that customer’s exclusive viewing in his or her home.” The courts agreed. Aereo “rents” each customer an individual antenna that receives and streams over the air broadcasts. So the broadcast is streamed able only to the individual Aereo subscriber, not to the general public. So according to the court, “The overall factual similarity of Aereo’s service to Cablevision…suggests that Aereo’s service falls within the core of what Cablevision held lawful.” “Indeed, in light of this Court’s factual determination that each antenna functions independently, in at least one respect, the Aereo system is a stronger case than Cablevision.” And to top it off, the court stated that “faithful application of Cablevision requires the conclusion that Plaintiffs are unlikely to succeed on the merits of their public performance claim.”
Although broadcasters plan to appeal this decision, the ruling is not only a victory for Aereo, but for the cord-cutting community as well. And here’s more good news, Aereo plans to expand to most major markets by next year.
Related Aereo Stories From The Stream Report:
Bamboom To Stream Local Broadcasts
Stream Local Stations, But Only In NY
New York Broadcasters Slap Aereo With Lawsuit
Aereo Vs. Networks: “It’s Going To Be a Great Fight”
