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A New Trial?
At least the broadcasters are finally focusing on retransmission, which is where Aereo is weakest.
It seems damaging to Aereo that they are negotiating with Dish to provide local channels to Dish customers, when Dish has to pay retransmission fees to carry those same channels, but who knows how the court will view it.
Maybe Comcast, Uverse, Fios and the other guys do the same? Hard to imagine how that might work, but makes it easier to understand why broadcasters are starting to sound desperate.
Something I missed, when did Aereo win a trial?
IF you can rig a setup that takes in those signals that are beamed onto your propery that doesn't use any propietary equipment, it's an ownership thing. That's why antennas were used for so long, since once a signal is sent out, you really can't complain about reception anymore since you are not charging to have the signal provided to any particular location, you just give it out everywhere.
OTA sends the signals out free of charge or complaint. The issue is those signals are being repeated, but I'm sure Aereo can do that legally, since the service they provide is retransmission, not decryption. If you needed to decypt before viewing, then they'd have legs to stand on when arguing.
That's why sat signal theft is illegal, you need to break the encryption, which is generally viewed as wrong and theft of propietary property. Where is the theft involved over a signal sent out for free (paid for by advertisers)?
TransmasterDon't Blame Me I Voted For Bill and Opus
Like the Judge pointed out if Aereo is illegal the a person putting up a TV antenna is illegal as well. The Antenna is small because I believe it is a fractal style antenna, these are the kind of antennas that are in many cell phones and are electrically a lot larger then they seem.
I am quite sure now that often, very often, in matters concerning religion and politics a man's reasoning powers are not above the monkey's.
- Mark Twain in Eruption