[opendtv] Re: After Supreme Court Ruling, Aereo's Rivals in TV Streaming Seize Opening

From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
Date: Mon, 30 Jun 2014 21:53:23 +0000

Richard Ramsden wrote:

> You keep missing the point.
> License!
> You don't have to own, just license.
> Licensing isn't free, though in some cases it can be. It's a legal
> agreement.

I think Richard was addressing my post more than yours, Craig.

Yes, I agree that OTA broadcasters may not have license to stream TV network 
content over the Internet. I guess I meant to imply, "after appropriate 
negotiation with the TV networks." In this IP streaming phenomenon, whatever 
Aereo and their ilk might attempt, it affects the TV networks a whole lot more 
than the OTA broadcasters, in terms of the "value" of the content that is being 
streamed. So it behooves the networks and their affiliated stations to be 
proactive on this, IMO.

I agree with John S that this is much like Slingbox.

John Shutt wrote:

> Aereo claimed to be renting an antenna and a DVR to each and every
> customer, but in reality they were using a community antenna and
> community DVR, so the fiction broke down in court

The way I see it, "breeaking down of the fiction" would not *necessarily* have 
been enough for the negative ruling. Look at the business about recording 
content. The Supreme Court seemed happy enough to dismiss that PVR function as 
being a potential problem, and focus instead on "public performance." The 
Supreme Court just as easily dismissed the silly dime-sized antenna gimmick, 
and focus, as it did, on "public performance."

The difference between an MVPD and Aereo, which several justices asked about, 
is that MVPDs create their own "public perfromance" by cobbling together a 
bunch of non-FOTA material in a set of unique tiers, available only within 
their local walled gardens. Furthjermore, the MVPD gets some or all of the ad 
revenue, for the content they transmit.

*Instead*, Aereo relays the "public performance" the FOTA broadcasters put on, 
okay adding only Bloomberg TV, to individual TV sets or appliances, exactly as 
any antenna system would do, and gets none of the ad revenues. So they are 
doing something for which no one else expects to have to obtain "license." I 
think their lawyers did not respond adequately to the justices questions, 
perhaps in part because they were too confident of their little dime-sized 
antenna gimmick.

Bert

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[opendtv] Re: After Supreme Court Ruling, Aereo's Rivals in TV Streaming Seize Opening

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