Originally Posted by MsrHulot
Yes, but they created it at my behest. Without me, they wouldn't have created it *at all*. This is the crucial piece that makes this a private performance, and therefore allowed.
No, the key is that THEY created it, not you. It doesn't matter if you asked for it or not.
If someone starts making "Big Macs" on a street corner, they're still violating McDonald's trademark, even if they've stolen nothing, used their own cooking gear and ingredients and only made them upon request to people who don't live close to a McDonald's restaurant. It's still an unauthorized copy.
I expect they will argue that it's not a relay - we use the service for time-shifting purposes, which likewise has case law on its side. Also, is it closed circuit if it's not a real-time broadcast, or at least a predefined feed, outside of the control of the subscribers? With Aereo, all subscribers all watch different content (channels) at different time
By definition, any video feed (or feeds) or video system that is designed to be viewed by a specified or authorized set of individuals and is intended to be viewed by anyone else is a closed circuit feed. That includes security cameras (live, buffered or recorded), internal TV channels (such as a high school TV station or other similar operations) as well as cable and satellite TV services. All those things can include live, buffered or recorded content from any number of sources.
The key is, it's a closed system that is designed to only be access by authorized users. Over the air TV broadcasts are not.
Ah fascinating, I have a vague memory of that. In that case I don't think Aereo will argue on that point at all.
In the end I see enough for Aereo to make a good case, and I'm hopeful they will succeed, but I'm by no means certain of the outcome. If nothing else, I'm grateful to them for shaking up the old model.
No doubt, I think we need something like this, even if it's offered through the local stations directly or through traditional providers.
The point here, though, is there are laws of copyright. Those who own those copyrights have the right to protect themselves from those who would profit from them without permission.
Call the networks and studios greedy or whatever, but it's their content and their right to protect their business interests. The fact is, the very reason this content gets made and is available to customers is that there is money to be made from it. If others can come in and erode that on the backs of the very people that create it, we'll soon have a system that has very little worth watching.
The one thing that also seems to be lost among those that support Aereo doing this is there are a lot of people whose livelihoods depend on the jobs they have at the studios, networks and small production companies. Those jobs exist because the networks and studios are able to generate enough revenue to finance the shows they air. If the revenue drops, the amount they'll spend on a show drops. It will become much easier to avoid taking a chance on a high profile drama and go with a cheap reality show instead.
It's easy to say, "let them fail" when it's not your job on the line. The fact is, the real ones hurt by this will be the small production companies that create the stuff for the studios and networks in the first place.