32 Years of the Digest ... founded August 21, 1981

Add this Digest to your personal   or  

The Telecom Digest for June 28, 2014
Volume 33 : Issue 114 : "text" Format
Messages in this Issue:
The Supreme Court's Aereo Decision: What It Says, What It Means (Neal McLain)

====== 32 years of TELECOM Digest -- Founded August 21, 1981 ======

Telecom and VOIP (Voice over Internet Protocol) Digest for the Internet. All contents here are copyrighted by Bill Horne and the individual writers/correspondents. Articles may be used in other journals or newsgroups, provided the writer's name and the Digest are included in the fair use quote. By using any name or email address included herein for any reason other than responding to an article herein, you agree to pay a hundred dollars to that person, or email address owner.
Addresses herein are not to be added to any mailing list, nor to be sold or given away without the explicit written consent of the owner of that address. Chain letters, viruses, porn, spam, and miscellaneous junk are definitely unwelcome.

We must fight spam for the same reason we fight crime: not because we are naive enough to believe that we will ever stamp it out, but because we do not want the kind of world that results when no one stands against crime.  - Geoffrey Welsh

See the bottom of this issue for subscription and archive details and the name of our lawyer, and other stuff of interest. 




Date: Fri, 27 Jun 2014 11:35:18 -0700 (PDT)
From: Neal McLain <nmclain.remove-this@and-this-too.annsgarden.com>
To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org.
Subject: The Supreme Court's Aereo Decision: What It Says, What It Means  
Message-ID: <5531b07c-026a-4417-b31b-f067eb51599b@googlegroups.com>

By Kevin ("The Swami") Goldberg, CommLawBlog, June 27, 2014

The Supremes have spoken, and now it's the Swami's turn.

[Blogmeister's Note: As we have already reported, the Supreme 
Court has reversed the Second Circuit in the Aereo case, giving 
the TV broadcasting industry a major victory. Yes, that's the 
result that the Swami, Kevin Goldberg, had predicted. So we asked 
him to review the two opinions out of the Supremes -- Justice 
Breyer's majority opinion and Justice Scalia's dissent -- and let 
us know what he found. Here's his report -- but note that we are 
dispensing with our routine summary of what Aereo is and how the 
case got to the Supremes. If you're just getting to the Aereo 
party now and don't know the background, check out our extensive 
Aereo-related coverage at this link. And if you want to see Kevin 
talking about Aereo, check out his appearance on LXBN TV.]

As I observed following the April 22 oral argument in Aereo, for 
the most part the Justices on the Supreme Court can't really be 
described as "tech savvy". Nothing in either the majority or the 
"dissenting" opinion changes that. (Why the quotes around 
"dissenting"? We'll look at that below.)

But the Justices' seeming unfamiliarity and general discomfort 
with New Technology may be a good thing. The Court appears to 
have taken care to limit its Aereo decision to areas with which 
it is familiar. And it also tried hard to make sure that its 
decision will not disrupt what it believes it knows about new 
media such as cloud computing.

Let's take a look at Breyer's majority opinion (which was joined 
in by Chief Justice Roberts and Associate Justices Kennedy, 
Ginsburg, Sotomayor and Kagan), and then the dissent by Scalia 
(writing for himself and Justices Thomas and Alito). Then I'll 
field some questions that I've been frequently asked.

Continued:

http://www.commlawblog.com/2014/06/articles/broadcast/the-supreme-courts-aereo-decision-what-it-says-what-it-means/

-or-

http://tinyurl.com/mhfzd5o

Neal McLain






TELECOM Digest is an electronic journal devoted mostly to telecom-
munications topics. It is circulated anywhere there is email, in
addition to Usenet, where it appears as the moderated newsgroup
'comp.dcom.telecom'.

TELECOM Digest is a not-for-profit, mostly non-commercial educational
service offered to the Internet by Bill Horne. All the contents
of the Digest are compilation-copyrighted. You may reprint articles in
some other media on an occasional basis, but please attribute my work
and that of the original author.

The Telecom Digest is moderated by Bill Horne.
Contact information: Bill Horne
Telecom Digest
43 Deerfield Road
Sharon MA 02067-2301
339-364-8487
bill at horne dot net
Subscribe: telecom-request@telecom-digest.org?body=subscribe telecom
Unsubscribe: telecom-request@telecom-digest.org?body=unsubscribe telecom 
This Digest is the oldest continuing e-journal about telecomm-
unications on the Internet, having been founded in August, 1981 and
published continuously since then.  Our archives are available for
your review/research. We believe we are the oldest e-zine/mailing list
on the internet in any category!

URL information: http://telecom-digest.org


Copyright (C) 2014 TELECOM Digest. All rights reserved.
Our attorney is Bill Levant, of Blue Bell, PA.



Finally, the Digest is funded by gifts from generous readers such as
yourself who provide funding in amounts deemed appropriate. Your help
is important and appreciated. A suggested donation of fifty dollars
per year per reader is considered appropriate. See our address above.
Please make at least a single donation to cover the cost of processing
your name to the mailing list. 

All opinions expressed herein are deemed to be those of the
author. Any organizations listed are for identification purposes only
and messages should not be considered any official expression by the
organization.
End of The Telecom Digest (1 message)

Return to Archives ** Older Issues