transmit clause

Aere-no! The broadcasters win. The new “commercial objective” standard of copyright analysis.

Following the live blog, the bullet points were posted as the decision was being handed down, and upon a quick reading of the case shortly thereafter.

  • The transmission from Aereo to its customer is an infringing public performance.
  • Crazy copyright lineup: Breyer writes for the majority, with Scalia, Thomas and Alito dissenting.Aereo basically set up a cable company, in spite of the “behind-the-scenes technological differences”
  •  The Supreme Court sides with the Ninth Circuit on a copyright case — fancy that!

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Prediction on ABC v. Aereo

I figured I’d port over this conversation I had on Facebook with my friend Bradley offering half of a prediction on ABC v. Aereo:
Bradley Glenn
so Britton, in your opinion the broadcasters will win?

Britton Payne
I think Aereo is right on the law, but most people seem to think it will be a very limited ruling that smacks down Aereo while allowing cloud computing and storage to persist without upsetting copyright law. The three issues most likely to decide the case are 1. does the distribution from Aereo to its customer violate the “transmit clause,” 2. is Aereo or the customer the volitional actor, or 3. some public policy thing predicated on the deal broadcast networks have with the government to use the public airwaves. We’ll know soon enough!