Originally Posted by MeatChicken
HYPOTHETICALS:Guy in apartment "A" to Lady in Apt "B" :
"Ms. Smith, since you have no antenna, I'll hook up a splitter/DVR/TUNER from mine,& run a line from it thru the wall, & hook it to your TV & hand you an RF remote to contol it all.
If the spitter is prior to the tuner and DVR and she has sole control over those devices, that would be legal. He's not doing anything to the direct OTA signal and the tuner is hers to use exclusively, even when she's not using it. No one else can be assigned the use of that tuner when she's not watching TV.
I'll buy all the stuff, just give me $20/mnth or pay my water bill, OK?
...if he charges for the service. Then it becomes a for-profit performance. Further, he'd be in violation if he fails to report the income.
Granted, it's unlikely anyone would ever catch on or come after him, but he could very well be violating his lease doing that. Aside from the whole running lines through walls thing, many apartment leases have restrictions on running businesses out of them due to zoning laws.
Originally Posted by MeatChicken A FamousMuseum holds an outdoor exibit on their property of rare unseen Neanderthal Skeletons they own. They charge $10 ea to go in & look.
Guy across the street sees them clearly from binoculars on his roof. He gets an idea, & hooks up 24 sets of digital Binoculars up on His roof, & allows people on the 'net to rent them for $2 ea, & they can control "whatever direction (N,S,E,W up/dwn), they want to "look" .....
That would be illegal. He's essentially selling admission to an exhibit he doesn't own. You could say the same thing about setting up a bunch of webcams and radio receivers for people to watch drive-in movies in their homes.
Even if the museum was non-profit and didn't charge admission, he'd still be in violation. Museums often have to pay or negotiate with owners of the things they exhibit since museums often don't actually permanently own the things they show. Those items are often loaned or rented to museums based on the perceived value of having them on exhibit.
In this case, it would be like a broadcast affiliate that shows network programming that the network has paid a studio for the rights to show. The value paid for the program is based on potential return on investment to the affiliate and, in turn, the network.
The the affiliates have the rights to show it based on their affiliate agreements with the networks who paid for the programming. The guy who charges to show it via a paid service does not.
There are actually two other issues at play here that no one has really discussed yet:
1) How can the networks and affiliates be assured the content will be properly encrypted so it won't end up on torrent sites? It's one thing for an individual to record the signal, transcode it and put it up there. It's a far different thing to stream the signal - potentially a recorded signal off one of their "DVRs" - in a web-ready format. Without an agreement with the networks and affiliates, they can't provide assurance the signal is being protected. Can they fully protect the stream from being forwarded through a torrent server?
2) How can the affiliates be assured that no one outside of each market will be able to receive an out of market stream? Aereo claims they restrict that access, but there are plenty of ways to spoof the internet. Someone in Detroit being able to see a NYC affiliate violates the Detroit affiliates agreement with the network to be the exclusive ABC, CBS, NBC or Fox affiliate for the market.
Because Aereo has no agreement to do what they're doing, the networks can't be assured they are doing what they claim they'll do - or do it properly, even if that's their intent.
The fact is, Aereo's business model depends on them not showing the networks they can do it in order to protect their ability to hang onto the business model and avoid having the networks do the same thing themselves using Aereo's technology.Edited by NetworkTV - 5/3/13 at 9:52pm