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The Telecom Digest for July 24, 2014
Volume 33 : Issue 124 : "text" Format
====== 32 years of TELECOM Digest -- Founded August 21, 1981 ======
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Date: Tue, 22 Jul 2014 21:45:36 -0700 (PDT)
From: Neal McLain <nmclain.remove-this@and-this-too.annsgarden.com>
To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org.
Subject: Aereo Loses First Round in Copyright Office, While Dish Wins it=
s Next Round in the Ninth Circuit=20
Message-ID: <13c5cd99-e32c-4945-af04-d994a11aba05@googlegroups.com>
By Herry Cole, CommLawBlog, July 20, 2014
More developments in the realm of Internet retransmission of OTA signals.
Aereo - the gift that keeps on giving, at least when it comes to
blogworthy content. As we reported, after it got its clock cleaned at
the Supreme Court, Aereo bounced back with Plan B, which amounted to
declaring itself (a) a cable system and, thus, (b) eligible for the
compulsory copyright license granted to cable systems. But you
can't just say "I'm a cable system" and expect
anybody to believe you. So Aereo went ahead with some of the paperwork
required of 'real cable operators': among other things, it
filed a bunch (14, to be exact) of Statements of Accounts with the
U.S. Copyright Office, along with some royalty and fee payments
amounting to the princely sum of $5,310.74.
A nice gesture, but wouldn't you know it, the Copyright Office
(CO) was not inclined to play along with the gambit. In a brief letter
dated July 16, 2014, the CO let Aereo know that, as far as the CO is
concerned, Aereo is not a cable system entitled to the compulsory
license. As it turns out, more than a decade ago the CO had concluded
that "internet retransmission of broadcast television fall
outside the scope"of the compulsory license. That's bad news
for Aereo, whose system is firmly - indeed, exclusively - based on
Internet retransmission.
The CO also noted that, in the ivi, Inc. case in 2012, the U.S. Court
of Appeals for the Second Circuit had agreed with the CO's
interpretation. That's even worse news for Aereo because, at
least for the last couple of years, the Second Circuit has been
Aereo's BFF in its nationwide litigation wars. Of course,
Aereo's view is that the Supreme Court's decision effectively
overruled ivi so ivi really isn't good law anymore. But that's
a tough argument to make (credibly, at least) when the Supremes
didn't even mention ivi in their opinion. Normally, when the
Supreme Court wants to overrule something, they'll say so.
Continued:
http://www.commlawblog.com/2014/07/articles/broadcast/aereo-loses-first-round-in-copyright-office-while-dish-wins-its-next-round-in-the-ninth-circuit/index.htmlfor backups-digest@telecomdigest.net
-or-
http://tinyurl.com/lu4t8th
Neal McLain
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