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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: 3, Insightful) by davester666 on Friday February 21 2014, @08:57PM

    by davester666 (155) on Friday February 21 2014, @08:57PM (#4538)

    So, these OTA broadcasts from TV stations are for consumers to receive by their TV sets, right?

    So, customer buys TV set with a built-in Antennae.
    Gets crappy reception. But totally legal.
    Buys an antennae to sit on top of the TV.
    Still gets crappy reception. But totally legal.
    Hires somebody to install an antennae on a pole outside his house with coax cable to the tv.
    Finally gets good reception. Still totally legal.
    Buys a VCR and hooks it up to both antennae and tv, records shows and watches them later. Totally legal.

    I'm not exactly sure what the legal arguments the broadcasters are using [or what the problem the judge found],because the differences from the above setup to what Aereo is doing are:

    1) renting the use of a pair of antennae for you to use, from their office in the same city that you live in, where you select what channels they are tuned to, one for viewing, the other being recorded for you to watch later.
    2) sending the output of those antennae [either live or recorded] to your home through the internet instead of using a coax cable.

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