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Aereo Beats Back Broadcasters in Court
Injunction Denied, Broadcasters to Appeal
by Karl Bode 06:59PM Thursday Jul 12 2012 Tipped by jeff17 See Profile
A federal judge in New York has denied a request by Fox, CBS, NBC 14 other broadcasters to shut down Aereo's streaming video service. Fox network founder Barry Diller started Aereo trials earlier this year, the service offering users a $12 a month option for local broadcast television services -- adding an interesting and inexpensive option for those eager to cut the cord. Broadcasters of course sued to destroy the operation, but a Judge has refused a request for an immediate injunction to shut down the service. That's the first legal win for Aereo in a case that could set a hugely important precedent for greater choice in the online video arena. Broadcasters promise to appeal, CBS CEO Les Moonves insisting that "it's not even the first inning."

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IowaCowboy
Iowa native
Premium
join:2010-10-16
Springfield, MA
kudos:1

Too bad

I wish defendants in civil cases had the same protections against double jeopardy as they do in criminal cases.
davidhoffman
Premium
join:2009-11-19
Warner Robins, GA
kudos:3

Re: Too bad

There is no similarity here to double jeopardy in a criminal case. It is more like a prosecutor requesting a no bail determination from a judge. The judge in this case, by denying the immediate injunction, effectively said the defendant is required to appear based on personal recognizance. Immediate injunctions are usually issued when life, health, liberty, fundamental constitutional rights, or wealth are at immediate significant risk. The networks and local broadcasters are not going to go out of business within a few months because of Aereo's operations, so no immediate injunction was justified. The plaintiff's lawyers were just practicing proper due diligence and care in representing their clients by requesting the immediate injunction. It is the same when criminal defendant's lawyers request immediate dismissal of all charges at the first appearance in court. They are practicing proper due diligence and care. If they did not do that they could be sanctioned for not properly representing the defendant. the odds of the judge granting the request are very low, but it has happened. I believe that some cases got dismissed because of excessive jail time before trial, which violated the right to a speedy trial. The other cases involved massive foul ups in which people were jailed because of mistaken arrest and charging based on bad identification checks by law enforcement. We just had one of those here in Georgia. The crime victim repeated told law enforcement that the person in jail looked nothing like the criminal who violated them. The police managed to ignore that information and keep the person in jail for weeks before she was released.
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
Reviews:
·Mediacom

Re: Too bad

Exactly. Anyone can sue anyone for anything at any time in civil court. But if someone brings the exact same suit they already lost it would be tossed pretty quickly.

Need to realize this was only a hearing on a motion for preliminary injunction before trial, in no way does it decide on the merits of the case.

09129800

join:2012-06-27
New York, NY

1 recommendation

Cord cutting is the worst gimmick since Apple.

$12 a month is an "interesting and inexpensive option" to "cut the cord" ?

You're joking, right Karl? $144 a year to receive shitty, vastly inferior Internet streaming versions of channels that can be picked up for free in high definition with a one time purchase of a $50 over-the-air antenna.

What a steal!

All these "cord cutting" alternatives just keep getting more and more pathetic.
Expand your moderator at work
nanoflower

join:2002-07-14
30876

1 recommendation

Re: Cord cutting is the worst gimmick since Apple.

Except that the antenna option doesn't work for everyone. There are going to be locations in a city like NYC that can't receive one or more local channels due to all of the buildings. This gives those people another option. Plus it may allow them to watch the local channels while not at home which is something that isn't always an option with cable/satellite/antenna.

TamaraB
Question The Current Paradigm
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join:2000-11-08
Da Bronx
Reviews:
·Optimum Online
·Clearwire Wireless

Re: Cord cutting is the worst gimmick since Apple.

said by nanoflower:

... Plus it may allow them to watch the local channels while not at home which is something that isn't always an option with cable/satellite/antenna.

I recently installed a Hauppaug Broadway unit and attached it to a directional indoor antenna and booster amp. It streams OTA to my local net, and I can access it over the internet from anywhere there is a good connection. I receive 45 channels of HD free. I don't use it much, but it's good to have for those occasions when I want to see some local news and weather, and meet the press on sunday mornings. The entire setup cost me about $200.00. That represents about 17 months of service.

Bob

--
"Remember, remember the fifth of November.
Gunpowder, Treason and Plot.
I see no reason why Gunpowder Treason
Should ever be forgot."

"People should not be afraid of their governments. Governments should be afraid of their people"


IowaCowboy
Iowa native
Premium
join:2010-10-16
Springfield, MA
kudos:1
Here in Springfield Mass, cable is pretty much mandatory if you want TV as the OTA signals are pretty much unusable. The DTV transition made it worse.

Bootes
Premium
join:2005-01-28
New York, NY
A DVR costs more/about that much per month and/or a lot more money at the start. This is an online DVR.

jap
Premium
join:2003-08-10
038xx
said by 09129800:

All these "cord cutting" alternatives just keep getting more and more pathetic.

It does seem like a subscription service for the techno-clueless. But your criticism of the quality I don't understand. Have you tried the service or know what the delivered vid specs are? Aereo has zero info on their website.

09129800

join:2012-06-27
New York, NY

Re: Cord cutting is the worst gimmick since Apple.

said by jap:

said by 09129800:

All these "cord cutting" alternatives just keep getting more and more pathetic.

It does seem like a subscription service for the techno-clueless. But your criticism of the quality I don't understand. Have you tried the service or know what the delivered vid specs are? Aereo has zero info on their website.

I don't have to try it to know that it's going to be shit.

Is Aereo actually delivering the full untouched 15 Mbps 1080i MPEG-2 video with 384 Kbps AC-3 audio that the WNBC affiliate sends out over the air? Not bloody likely.

No, they'll be doing the same thing every other Internet streaming service does: re-encoding the hell out of it, bitrate-starving it beyond your wildest imagination and stripping out all high definition detail so they can reduce the bitrate to a fraction of what it once was and cater to the lowest common denominator who are running Internet connections that are straight out of the 1990's.

The saddest thing is that Verizon FiOS is available through much of New York City and the 150 Mbps speed tier can be bundled for a reasonable price so it is completely unnecessary to do such a thing yet it is done anyways. Every service will keep sending out sub-5 Mbps streaming video that looks terrible just because a few poors living out in the sticks are stuck on 6 Mbps DSL and those of us on fiber get to sit back and facepalm as the streaming video we receive only uses 5% of our connection's capacity.

jap
Premium
join:2003-08-10
038xx

1 recommendation

Re: Cord cutting is the worst gimmick since Apple.

Right then. Yes, quite. How true. Much obliged.

88615298
Premium
join:2004-07-28
West Tenness

1 edit
said by 09129800:

$12 a month is an "interesting and inexpensive option" to "cut the cord" ?

You're joking, right Karl? $144 a year to receive shitty, vastly inferior Internet streaming versions of channels that can be picked up for free in high definition with a one time purchase of a $50 over-the-air antenna.

What a steal!

All these "cord cutting" alternatives just keep getting more and more pathetic.

Except if you live in areas like mine where reception on some channels is impossible or spotty at best because of stupid rules or idiocy by the broadcaster.

Oh also we have uhf, Hi-VHF and low-VHF channels in my area so that would take much more than a $50 antenna. And that doesn't count having someone install the damn thing or the cost of using a tower etc etc.

09129800

join:2012-06-27
New York, NY

Re: Cord cutting is the worst gimmick since Apple.

Satellite dishes exist for a reason, you know.

88615298
Premium
join:2004-07-28
West Tenness

Re: Cord cutting is the worst gimmick since Apple.

said by 09129800:

Satellite dishes exist for a reason, you know.

What's that got to do with the article?

r81984
Fair and Balanced
Premium
join:2001-11-14
Katy, TX
Reviews:
·row44
said by 09129800:

$12 a month is an "interesting and inexpensive option" to "cut the cord" ?

You're joking, right Karl? $144 a year to receive shitty, vastly inferior Internet streaming versions of channels that can be picked up for free in high definition with a one time purchase of a $50 over-the-air antenna.

What a steal!

All these "cord cutting" alternatives just keep getting more and more pathetic.

I cut the cord in January since my cable company decided to double my bill for no reason.
TV bill went from $50 to $60 + $40 of itemized BS fees like fiber fee and satellite fee. Nothing changed, still had the same box and I got no extra channels for the increase.

I have amazon prime videos ($80 a year plus free 2 day shipping at amazon), I download shows and movies, and I have OTA channels. I have not missed cable tv yet.
Why pay $100 when most of the time nothing good was on.
--
...brought to you by Carl's Jr.

fifty nine

join:2002-09-25
Sussex, NJ
kudos:2

Re: Cord cutting is the worst gimmick since Apple.

said by r81984:

I cut the cord in January since my cable company decided to double my bill for no reason.
TV bill went from $50 to $60 + $40 of itemized BS fees like fiber fee and satellite fee. Nothing changed, still had the same box and I got no extra channels for the increase.

Something doesn't pass the smell test here. Either your cable company is run by the world's biggest morons (or Frontier) or you had promotional pricing that expired.

ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
kudos:4
said by 09129800:

$12 a month is an "interesting and inexpensive option" to "cut the cord" ?

You're joking, right Karl? $144 a year to receive shitty, vastly inferior Internet streaming versions of channels that can be picked up for free in high definition with a one time purchase of a $50 over-the-air antenna.

What a steal!

All these "cord cutting" alternatives just keep getting more and more pathetic.

Great for you in NYC but for areas where putting up an antenna big enough to get the local stations is impossible this is a nice alternative.
Just because it doesn't suit your needs doesn't mean it sucks, champ.
--
"So, Lone Starr, now you see that evil will always triumph because good is dumb."

Have you been touched by his noodly appendage? »www.venganza.org
equivocal

join:2008-01-23
USA

Nielsen

One nit, the court agreeing that Aereo could affect Nielsen ratings and advertising rates seems a bit off to me. Makes it sound like the government mandates only viewership using devices that can be counted by Nielsen, a for-profit corporation.
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
Reviews:
·Mediacom

Re: Nielsen

It's not a question of "mandates", the court was assessing the claims of economic harm that each side submitted as part of the pre-trial injunction hearing.

The court agreed with the broadcasters that loss of revenue due to Nielsen not measuring Aereo viewership was a valid economic harm claim.

This passes the smell test for me because those ratings books are the lifeblood of local broadcasters. Ratings = Advertising rates. Direct effect on the revenue stream.

However, the court concluded that the economic harm to Aereo would be greater (ie company death) if an injunction was issued before trial, so no injunction.

This was in no way a judgement on the legality of Aereo's service. That will be decided at trial.
tmc8080

join:2004-04-24
Brooklyn, NY

pay for OTA?

why would you $$ PAY $$ for OTA programming when you can find many of these affiliates streaming national or local feeds for FREE?!? That's insane!!!

fifty nine

join:2002-09-25
Sussex, NJ
kudos:2

Re: pay for OTA?

said by tmc8080:

why would you $$ PAY $$ for OTA programming when you can find many of these affiliates streaming national or local feeds for FREE?!? That's insane!!!

They do? Where?

88615298
Premium
join:2004-07-28
West Tenness

Re: pay for OTA?

said by fifty nine:

said by tmc8080:

why would you $$ PAY $$ for OTA programming when you can find many of these affiliates streaming national or local feeds for FREE?!? That's insane!!!

They do? Where?

I agree, where?
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
For one thing Aereo is not just a stream, it has "cloud DVR" too.