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The Telecom Digest for April 17, 2014
Volume 33 : Issue 57 : "text" Format
Messages in this Issue:
All sent and received e-mails in Gmail will be analyzed, says Google (Monty Solomon)
Aereo will have tough time proving its case, legal experts say (Neal McLain)
Broadcasting is about to change, regardless of Aereo lawsuit's outcome (Neal McLain)

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

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Date: Wed, 16 Apr 2014 01:50:38 -0400 From: Monty Solomon <monty@roscom.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: All sent and received e-mails in Gmail will be analyzed, says Google Message-ID: <p0624083acf73c9416198@[]> All sent and received e-mails in Gmail will be analyzed, says Google The new text might be a reaction to the e-mail scanning lawsuit. by Casey Johnston Apr 15 2014 Google added a paragraph to its terms of service as of Monday to tell customers that, yes, it does scan e-mail content for advertising and customized search results, among other reasons. The change comes as Google undergoes a lawsuit over its e-mail scanning, with the plaintiffs complaining that Google violated their privacy. E-mail users brought the lawsuit against Google in 2013, alleging that the company was violating wiretapping laws by scanning the content of e-mails. The plaintiffs' complaints vary, but some of the cases include people who sent their e-mails to Gmail users from non-Gmail accounts and nonetheless had their content scanned. They argue that since they didn't use Gmail, they didn't consent to the scanning. ... http://arstechnica.com/business/2014/04/google-adds-to-tos-yes-we-scan-all-your-e-mails/
Date: Wed, 16 Apr 2014 11:53:48 -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 will have tough time proving its case, legal experts say Message-ID: <bf6ec4f1-996b-4b02-ad17-4e0fa642c0ba@googlegroups.com> By Jim Barthold, FierceCable, April 16, 2014 Aereo is going to have a hard time proving its right to exist when takes its case to the Supreme Court April 22, according to legal experts asked to handicap the proceedings. That's because, in addition to broadcasters who have from the start objected to the company's use of their free over-the-air signals, the U.S. Solicitor General and Copyright Offices also oppose Aereo. "I think the majority of the court will be skeptical of Aereo's position and thus likely to rule in favor of the broadcast-petitioners," Pratik Shah, of the law firm Akin Gump told the Hollywood Reporter. The case revolves around Aereo's right to pluck over-the-air broadcast signals and redistribute them to subscribers who pay $8 to $12 a month for an Internet service over TVs, PCs or connected mobile devices. The broadcaster argue that the content is copyrighted and that they should be paid fees similar to the retransmission fees they receive from pay TV operators in the cable, satellite and telco space. So far, the broadcasters have been on the short end of that argument, losing in federal court in Manhattan and in the Second Circuit Court of Appeals. Their last gasp--and if they win, Aereo's last gasp--is now in the hands of an eight-member Supreme Court where Justice Samuel Alito has recused himself. Continued: http://www.fiercecable.com/story/aereo-will-have-tough-time-proving-its-case-legal-experts-say/2014-04-16?utm_medium=nl&utm_source=internal -or- http://tinyurl.com/lv6sxnf Barthold seems to have forgotten that the Tenth Circuit Court of Appeals ruled for plaintiffs -- even though he wrote the article about it for FierceCable: http://www.fiercecable.com/story/aereo-shuts-down-denver-and-salt-lake-city/2014-03-10?utm_medium=nl&utm_source=internal -or- http://tinyurl.com/q7j8l56 Alito's decision to recuse leaves the Supreme Court with eight justices, and thus the possibility of a 4-4 decision. In such cases, the decision of the lower court usually stands. But in this case, lower courts have reached conflicting decisions: - The First and Second Circuits ruled for Aereo. - The Tenth Circuit rules for plaintiffs. So now what will the Supremes do? Stay tuned. Neal McLain
Date: Wed, 16 Apr 2014 09:43:53 -0700 (PDT) From: Neal McLain <nmclain.remove-this@and-this-too.annsgarden.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: Broadcasting is about to change, regardless of Aereo lawsuit's outcome Message-ID: <bcfebd8a-cd59-4b37-bc01-77de6851f57b@googlegroups.com> By Samantha Bookman, FierceOnlineVideo, April 15, 2014 Next Tuesday, the Supreme Court takes up the issue of whether Aereo is violating copyright law by providing over-the-top streaming of broadcast channels through its antenna-DVR service. While it's not known which way the justices will rule, or when--the case could continue well past next week--media and technology organizations are already taking sides. But even though a decision for the broadcasters could spell the end for Aereo as an entity, does it really matter in the long run? Online video is clearly here to stay, and consumer demand for content that is easy and cheap to access, anytime, anywhere, will likely overwhelm the broadcast industry's protectionist stance. Gary Shapiro, head of the Consumer Electronics Association, has a deep interest in the case: He was involved in the landmark 1985 Sony Betamax video recording case, on which Aereo's argument is partly based (it also draws on the 1982 Cablevision case). The CEA filed an amicus brief with the Court last week supporting Aereo. Continued: http://www.fierceonlinevideo.com/story/broadcasting-about-change-regardless-aereo-lawsuits-outcome/2014-04-15?utm_medium=nl&utm_source=internal -or- http://tinyurl.com/k6mcvcl Neal McLain
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