I was surprised. Reading the ruling…
The ruling essentially says that what Aereo is doing is a lot like what the CATVs do so, if the CATV’s transmissions constitute a public performance, then Aereo’s must. In essence, they are ruling on a case that was not brought before the court (Aereo is a CATV).
I expect Aereo to slightly modify their technology stack to skirt “the limited nature of [the] holding.” To somehow be less like the CATVs.
The ruling itself says that downloading a file then playing it is different. The obvious remedy is to copy the program to the user’s premises and play it there. Not sure how that would work out. Mohu channel? DVR+ channel? Fire TV certainly has the resources to do this. Maybe a Roku with usb/sd storage?
I assumed that the reason for the lack of continuous programming was to not look like a CATV. Being on-demand only seems to me to be very different than the cable companies. Maybe the justices redefined the CATVs in terms of today’s technology. Maybe Aereo simply needs to eliminate the DVR function and stream continuously and directly to the consumer — like an antenna. It’s unclear to me how the SCOTUS would want Aereo to differentiate — it may be unclear to them.
Breyer also spoke repeatedly of the stream being available at essentially the same time as it is being broadcast over the air. He noted that Aereo’s record-now-play-later option was not being heard in this case. Maybe the work around is to not allow the consumer to watch the recording until it has completely downloaded. Again, it’s not clear whether the differentiation between streamed and downloaded happens at the source or at the destination.
I’m not sure that people would embrace this type of service anyway.
Aereo is still taking orders on their site. It will be interesting to see how all of this works out.
Thanks Len for replying so early. I myself will have to study the opinion a bit. It did seem to me that Aereo was simply a new Cable MSO using a different transport technology.
Barry Diller, Aereo’s chief investor, says the company “is over” in light of the Supreme Court’s ruling against it.
“We did try, but it’s over now,” he told CNBC.
I heard on NPR the CEO is not giving up. Long ago I compared Aereo to Napster. Where is Napster today?
Its principals moved on to other projects (including facebook) while the company, its assets and brand endured legal issues, bankruptcy, and multiple ownership changes. Today Napster is doing well in Europe. I think itunes, pandora, spotify, and all the music services owe their existence to Napster.
I’m not confident Aereo will have that kind of legacy. I think we would be shocked to find out how few people used Aereo beyond the one month trial. Most of the people in Aereo’s service areas could use an antenna. I suspect antenna sales will be good in the coming months.
OTA is quietly growing. Check out the list of broadcast networks…
With digital TV, bandwidth is virtually unlimited. I receive four ION and three PBS affiliates at my home (more if I move the antenna). I think I read that one channel was subdivided into 60 sd channels.
The demand for tv-anywhere is better met with personal clouds and streamers like the Simple and Tablo DVRs. In fact, it’s trivial to share a real antenna using a simple DVR and a Roku. I can definitely see antenna sharing services similar to Napster.
why couldn’t slingbox owners create a common community and share un and pw, could be a subscription model
I would be pirating for one and if it got big you’d get shut down.