Aereo
is currently deadlocked in a Supreme Court battle over accusations of copyright
infringement. Several broadcasting networks, include ABC, NBC, Fox and CBS, have
accused the New York-based company of unlawfully transmitting their copyrighted
TV content without paying for licenses.
Aereo
streams local broadcast station to customers’ computers and mobile devices for
$8 dollars each month. They also allow customers record and store television
programs.
The
company defends themselves, claiming that their service is the legal equivalent
to selling an antenna and DVR, which are legal under the Supreme Court decision
of the Sony Corp. of America v. Universal City Studios, Inc. case of 1983.
Aereo claims the only difference is its service operates in the cloud and
charges a monthly rental fee.
The
question the Supreme Court faces is whether Aereo’s technology constitutes a
“public performance” under copyright law. The Second Circuit Court and a New
York District Court both ruled in favor of Aereo, however a judge in Utah gave
the nod to the broadcast stations.
Both
sides are represented by experienced attorneys. Paul Clement, a former
Solicitor General who’s participated more than 70 Supreme Court cases is
representing the broadcasters. Aereo is being represented by David Frederick,
who’s argued more than 40 Supreme Court cases.
Frederick
told judges that Aereo was equivalent to a cable company. He also argued that a
negative decision would also negatively affect the cloud-computing industry.
Currently
both sides are deadlocked, and a decision could be months away.
