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posted by Dopefish on Friday February 21 2014, @12:00PM   Printer-friendly
from the what-doesn't-kill-you-makes-you-stronger dept.

Fluffeh writes:

"Although there are arguments scheduled for 22 April in the Supreme Court, US District Judge Dale Kimball of Utah ruled against Aereo which effectively bans it in Utah along with the rest of the 10th Circuit, which includes Wyoming, New Mexico, Oklahoma, and Colorado.

Kimball ruled that Aereo's retransmission of Plaintiffs' copyrighted programs "is indistinguishable from a cable company and falls squarely within the language of the Transmit Clause." He didn't buy Aereo's argument that its system of renting a tiny antenna to each customer allows it to avoid the "Transmit Clause" of the 1976 Copyright Act, which determines what kind of "transmissions" of copyrighted material must pay licensing fees."

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  • (Score: 5, Informative) by randmcnatt on Friday February 21 2014, @05:56PM

    by randmcnatt (671) on Friday February 21 2014, @05:56PM (#4437)
    According to a recent article by Devlin Hartline [] the real issue before the courts is one of 'public' vs 'private' performance:

    The Copyright Act gives copyright owners the exclusive right 'to perform the copyrighted work publicly.'

    The Transmit Clause tells us that several distinct transmissions of a performance to the public...can be aggregated together as constituting one single public performance.

    Aereo...argues that its distinct transmissions to its customers should not be aggregated, and this would mean that there are several performances which are all private.

    If the Court declares them private, Aereo is in the clear, otherwise the media corps win.

    The Wright brothers were not the first to fly: they were the first to land.
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