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This is a sub-selection from Aereo is a pay TV service.

Ken_H
join:2004-03-15
Ann Arbor, MI
Netgear RAX15
ARRIS S33

3 edits

Ken_H to n2jtx

Member

to n2jtx

Re: Aereo is a pay TV service.

Please note I edited my comment to remove references to the Supreme Court ruling on the technical aspects of the antenna system used by Aereo. Sorry for the misinformation.
said by n2jtx:

Should the networks decide to pull their programming off the air, they have already been advised by the FCC that those valuable broadcast licenses they were given for free decades ago will be considered abandoned without no compensation to the networks. The FCC will then offer them up to anyone who wishes to bid for them. I doubt the networks would let such a valuable property slip out of their hands.

The only reason the FCC licenses have value is because the FCC insures broadcasters get compensated from those reselling their content, like they did with cable and satellite. If that were to stop the licenses become worthless, which would be the case if Aereo is judged to be a legal business. Of course the spectrum itself would be of value to wireless industry in general (AT&T, Verison, Sprint, T-Mobile would be jumping for joy), but broadcast TV would cease to exist. It would be very simple; you'd only be able to watch the former broadcast networks on a pay TV provider, and Aereo would have nothing to resell. End of story.

ieolus
Support The Clecs
join:2001-06-19
Danbury, CT

1 recommendation

ieolus

Member

I'm sorry, are you doubting how small an antenna can get? Have you seen the size of a smartphone? How large do you think the antenna is in one of those?

Ken_H
join:2004-03-15
Ann Arbor, MI

Ken_H

Member

You should do some homework before making comments like that. Cellular signals and Digital TV signals require completely different types and sizes of antennas.

ieolus
Support The Clecs
join:2001-06-19
Danbury, CT

ieolus

Member

Well, when you get your EE degree, you can tell me to do my homework on antennas, thanks.
CXM_Splicer
Looking at the bigger picture
Premium Member
join:2011-08-11
NYC

CXM_Splicer to Ken_H

Premium Member

to Ken_H
Since most TV stations have moved to UHF the difference is not that far off. The antenna patents are available online (so much for 'the vaguest terms) . There was testimony about them in the first court case but it is not part of the legal question anymore.

If you think Aereo is reselling programming then why do you think Slingbox is allowed to do the same thing without paying retrans fees? Why is Cablevision allowed to receive programming and record it and rebroadcast it to their customers with their 'Remote DVR' for a fee? The broadcasters claim(ed) that was the same type of copyright infringement that Aereo is doing... so why the double standard?
ptb42
join:2002-09-30
USA

1 recommendation

ptb42 to Ken_H

Member

to Ken_H
said by Ken_H:

Once the real way the technology works is exposed, meaning the dime size antennas are ganged into an array to provide reception for all users in that area, most industry observers believe that alone will be enough for the Supreme Court to uphold the stay preventing them from doing business.

If this technical issue hasn't already been "exposed" in a lower court, the Supreme Court is very unlikely to consider it. They rarely conduct any kind of discovery.

The Supreme Court focuses on the appeal, and the reasons an appeal was made. If an issue wasn't considered in a lower court, then it can't be grounds for an appeal.
ptb42

ptb42 to CXM_Splicer

Member

to CXM_Splicer
said by CXM_Splicer:

The antenna patents are available online (so much for 'the vaguest terms) .

Thanks for the tip. I was able to find the patent applications with a simple search. You can find all of the patents assigned to Aereo here:

»www.faqs.org/patents/ass ··· reo-inc/

The first applications were filed in May, 2012.

It will probably be at least another year before any are granted. One of mine was finally granted eight years after the original application (and a subsequent re-application).

Ken_H
join:2004-03-15
Ann Arbor, MI
Netgear RAX15
ARRIS S33

1 edit

Ken_H to CXM_Splicer

Member

to CXM_Splicer
said by CXM_Splicer:

Since most TV stations have moved to UHF the difference is not that far off.

According to Antennas Direct, 74% of the DTV stations are on UHF (14-51), 24% are on high VHF (7-13) and less than 2% are on Low VHF(2-6).
quote:
The antenna patents are available online (so much for 'the vaguest terms) .
Yes, but outside of Aereo no one really knows if the antennas are being used the way they claim.
quote:
There was testimony about them in the first court case but it is not part of the legal question anymore.
Thanks for making me aware of this.
quote:
If you think Aereo is reselling programming then why do you think Slingbox is allowed to do the same thing without paying retrans fees?
Because in most cases Sling users are already paying a provider for content. If the national average applies, there might be 15% of Sling users that only have OTA, but I'd guess that the number is much smaller.
quote:
Why is Cablevision allowed to receive programming and record it and rebroadcast it to their customers with their 'Remote DVR' for a fee?
Because CV pays the broadcasters for access to their content and end users pay CV.

Like I said initially, it's all about broadcasters getting paid for the content they pay for.
CXM_Splicer
Looking at the bigger picture
Premium Member
join:2011-08-11
NYC

CXM_Splicer

Premium Member

Just because the user sets up Slingbox themselves doesn't free the company from copyright issues... the content is rebroadcast from the Slingbox website. Content that Slingbox never paid for. The reason it is legal is because the customer is the one controlling the equipment for their own use... just like Aereo (though with Aereo the customer leases the equipment instead of buying it).

The Cablevison DVR is a similar situation. The broadcasters originally sued Cablevision claiming it was a copyright violation. The fact that Cablevision was already paying the retrans fee didn't matter. Again the courts ruled that since the customer was in control, it was the customer doing the recording, not Cablevision. With Cablevision Remote DVR, the customer is using equipment owned and set up by Cablevision, much like the Aereo situation.

With these two legal precedents already set, it is hard to see Aereo as anything but legal.
« Aereo... »
This is a sub-selection from Aereo is a pay TV service.