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by skwirl 3392 days ago
My impression of the Aereo decision was that it was based on the letter of the law. Contrary to opinions often expressed here, the law wording does not specifically apply to cable companies and specific wording was not creatively interpreted to apply to Aereo. The wording of the law referred not to antennas and cables but to a more abstract notion of "public performances" of copyrighted works, and Aereo fell squarely into what Congress (and legal precedent) meant by public performances of copyrighted works. The law was actually fairly well written to cover evolving technology.
1 comments

Except that it's been established that 'cloud DVR' is legal. That's 90% of what Aereo did. But somehow attaching an individual antenna to each person's DVR makes it 'public performance'? That specific argument is nonsensical.

And then they got double screwed because the US copyright office declared that no matter what the supreme court said they were not a cable company and couldn't get compulsory licensing either.

As far as I can tell it's legal to run one antenna for one person, and I have absolutely no idea where the line is that you start violating copyright. I don't think the guidelines are well written.