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Jun 23, 201403:51 PMLegal Login

with Mindi Giftos

American Broadcasting Companies v. Aereo: The Supreme Court meets the cloud

(page 1 of 2)

UPDATE: On Wednesday, the Supreme Court ruled against Aereo in the case brought by American Broadcasting Companies.


The first big legal test of who owns and has the rights to things stored in the cloud is now in the hands of the U.S. Supreme Court, with a decision expected by the end of June. At issue is the validity under copyright law of services provided by an online video startup named Aereo, with some observers claiming that a decision against the fledgling company could pose an unintended, existential threat to many cloud services generally.

Aereo maintains banks of thousands of tiny, dime-sized antennas, each of which captures over-the-air network television signals and is individually assigned to an Aereo subscriber. Aereo makes individual copies of the signals for each of its subscribers, stores them in the cloud, and then sends them back to the subscriber over the Web. A subscription to Aereo costs roughly $8 to $12 per month, and the service is currently available in about a dozen cities. Combined with services like Hulu and Netflix, an Aereo subscription allows users to go without satellite, cable, or other traditional television services. Aereo subscribers can stream over-the-air broadcasts to a variety of electronic devices, like smartphones and tablets, and can use functionalities, such as recording programs to watch them later.

Shortly after it went to market two years ago, Aereo was sued by American Broadcasting Companies (ABC), which along with the other networks was concerned about the billions of dollars of revenue they receive from cable and satellite companies for the right to retransmit network and local programs. ABC contends that because Aereo pays no retransmission fees to the networks, it is effectively stealing their content and violating copyright laws by providing unlicensed “public performances.” By contrast, Aereo contends that it is doing little more than renting an individual antenna to a subscriber, and that any individual could achieve the same result by going to a local electronics store and buying an antenna and DVR machine.


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About This Blog

Mindi Giftos and her colleagues in Husch Blackwell’s Technology Law group handle a wide variety of issues related to emerging and established technologies, including intellectual property, development and licensing, commercial contracting, and corporate transactions across a broad range of industries.

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