Trading Rabbit Ears for Wi-Fi: Aereo, the Public Performance Right, and How Broadcasters Want to Control the Business of Internet TV
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371 Copyright Act of 1976 — Transmit Clause — ABC, Inc. V. Aereo, Inc. In
Copyright Act of 1976 — Transmit Clause — ABC, Inc. v. Aereo, Inc. In the late 1940s and early 1950s, a new industry of community an- tenna television (CATV) exploded.1 By placing an antenna on top of a hill above a community and transmitting signals to subscribers’ houses via coaxial cables, CATV companies provided television to areas where hilly terrain made receiving traditional broadcast signals difficult.2 Af- ter the Supreme Court held that such systems did not violate copyright holders’ exclusive rights to public performance,3 Congress revised the copyright law in 1976 and, among other things, enacted the Transmit Clause to supersede those decisions and make such transmissions an infringement of copyright. Last Term, in ABC, Inc. v. Aereo, Inc.,4 the Supreme Court held that a company that transmitted broadcast televi- sion to users via the Internet violated the Transmit Clause, even though the user selected what content to watch, and even though each user had a dedicated antenna that produced a “personal” copy of the broadcast.5 The Court employed a functionalist approach, relying on analogical reasoning rather than analyzing the underlying technical operations of the system — the method that Justice Scalia adopted in his dissent. In doing so, the majority introduced unpredictability into the law by leaving important doctrinal questions unanswered and adopting an approach that lacks clear boundaries. Prior to the Copyright Act of 1976,6 the Court read the public per- formance right narrowly. In 1968, in Fortnightly Corp. v. United Art- ists Television, Inc.,7 the Court held that a CATV operator is more analogous to a “viewer” than a “performer,” and thus cannot face lia- bility under the Copyright Act.8 The Court affirmed Fortnightly in Teleprompter Corp. -
Memorandum to Clients June 2014
MemorandumMemorandum toto ClientsClients June 2014 News and Analysis of Recent Developments in Communications Law No. 14-06 The Supremes have spoken . now it’s the Swami’s turn. The Supreme Court’s Aereo Decision: What It Says, What It Means By Kevin M. Goldberg [email protected] 703-812-0462 [Editor’s Note: As we have reported on CommLaw- eas with which it is familiar. And it also tried hard to make Blog.com, the Supreme Court has reversed the Second Cir- sure that its decision will not disrupt what it believes it cuit in the Aereo case, giving the TV broadcasting industry knows about new media, such as cloud computing. a major victory. Yes, that’s the result that the Swami, Kevin Goldberg, had predicted. So we asked him to review Let’s take a look at Breyer’s majority opinion (which was the two opinions out of the Supremes – Justice Breyer’s joined in by Chief Justice Roberts and Associate Justices majority opinion and Justice Scalia’s dissent – and let us Kennedy, Ginsburg, Sotomayor and Kagan), and then the know what he found. Here’s his report – but note that we dissent by Scalia (writing for himself and Justices Thomas are dispensing with our routine summary of what Aereo is and Alito). Then I’ll field some questions that I’ve been fre- and how the case got to the Supremes. If you’re just getting quently asked. to the Aereo party now and don’t know the background, check out our blog’s extensive Aereo-related coverage at The Majority Opinion this link. -
Preliminary Injunction, Plaintiff Nexstar
ase 2:13-cv-00910-DAK Document 87 Filed 02/19/14 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION COMMUNITY TELEVISION OF UTAH, LLC dba KSTU FOX 13, KUTV LICENSEE, LLC dba KMYU and MEMORANDUM DECISION AND KUTV, and FOX BROADCASTING ORDER GRANTING PRELIMINARY COMPANY, INJUNCTION AND STAY Plaintiffs, Consolidated Case No. 2:13CV910DAK vs. Judge Dale A. Kimball AEREO, INC., Defendant. ____________________________________ NEXSTAR BROADCASTING COMPANY, Plaintiff, vs. AEREO, INC., Defendant. This matter is before the court on Plaintiffs Community Television of Utah, LLC, KUTV Licensee, and Fox Broadcasting Company’s Motion for Preliminary Injunction, Plaintiff Nexstar Broadcasting, Inc.’s Motion for Preliminary Injunction, Defendant Aereo, Inc.’s Motion to Stay Proceedings Pending the Supreme Court’s decision in ABC v. Aereo, and Defendant Aereo’s Motion to Transfer. The court held a hearing on Aereo’s Motion to Stay on February 7, 2014, ase 2:13-cv-00910-DAK Document 87 Filed 02/19/14 Page 2 of 26 and a hearing on Plaintiffs Motions for Preliminary Injunction on February 11, 2014.1 At the hearings, Plaintiffs Community Television of Utah, LLC, KUTV Licensee, and Fox Broadcasting Company were represented by Brent O. Hatch, Shaundra L. McNeil, and Richard L. Stone, Plaintiff Nexstar Broadcasting, Inc. was represented by Rodney R. Parker and John C. Ulin, and Defendant Aereo was represented by Daralyn J. Durie, Joseph C. Gratz, Jess M. Krannich, and Timothy Considine. After carefully considering the parties’ arguments, as well as the law and facts relevant to the motions, the court enters the following Memorandum Decision and Order FACTUAL BACKGROUND2 Plaintiffs are a collection of local and national broadcast television companies who have brought the present lawsuit against Aereo for copyright infringement. -
2 a Quotation of Normality – the Family Myth 3 'C'mon Mum, Monday
Notes 2 A Quotation of Normality – The Family Myth 1 . A less obvious antecedent that The Simpsons benefitted directly and indirectly from was Hanna-Barbera’s Wait ‘til Your Father Gets Home (NBC 1972–1974). This was an attempt to exploit the ratings successes of Norman Lear’s stable of grittier 1970s’ US sitcoms, but as a stepping stone it is entirely noteworthy through its prioritisation of the suburban narrative over the fantastical (i.e., shows like The Flintstones , The Jetsons et al.). 2 . Nelvana was renowned for producing well-regarded production-line chil- dren’s animation throughout the 1980s. It was extended from the 1960s studio Laff-Arts, and formed in 1971 by Michael Hirsh, Patrick Loubert and Clive Smith. Its success was built on a portfolio of highly commercial TV animated work that did not conform to a ‘house-style’ and allowed for more creative practice in television and feature projects (Mazurkewich, 1999, pp. 104–115). 3 . The NBC US version recast Feeble with the voice of The Simpsons regular Hank Azaria, and the emphasis shifted to an American living in England. The show was pulled off the schedules after only three episodes for failing to connect with audiences (Bermam, 1999, para 3). 4 . Aardman’s Lab Animals (2002), planned originally for ITV, sought to make an ironic juxtaposition between the mistreatment of animals as material for scientific experiment and the direct commentary from the animals them- selves, which defines the show. It was quickly assessed as unsuitable for the family slot that it was intended for (Lane, 2003 p. -
Court Battles Continue Over Hopper, Aereo
Court Battles Continue over Hopper, Aereo 10.24.2013 Broadcasters continue to wage legal warfare to stop the oncoming technology tide, with battles heating up on two fronts: Dish Network's Hopper and IAC-backed Aereo. Fox is working to get the courts to take legal action against Dish Network's Hopper with Sling, which is a set-top box with both ad-skipping and place-shifting technology built in. On Wednesday, Fox filed a notice of appeal to California's Ninth Circuit Court of Appeals after U.S. District Judge Dolly Gee last month denied Fox the injunction it was seeking. Fox is seeking an "en banc" hearing in front of a full panel of judges. It's not Fox's first appearance in front of the court on the issue, although earlier requests applied to different iterations of the service. Similarly, last month U.S. District Judge Laura Taylor Swain in New York denied ABC's motion for a preliminary injunction against Dish' AutoHop, a separate set-top box that skips ads but doesn't "sling" TV programming to smart phones and tablets. Meanwhile, Aereo defended itself in Salt Lake City where broadcasters are working to stop the roll-out of its service, which streams broadcast signals to subscribers over the Internet for $10 a month. Broadcasters argue that Aereo is infringing their copyrights by "publicly performing" shows without permission, while Aereo says what it's doing is perfectly legal. "A consumer who tunes an individual antenna to access a program, makes an individual copy of a broadcast television program, and then watches that program, does not violate the copyright laws," Aereo argues in the Utah case. -
Cable Shows Renewed Or Cancelled
Cable Shows Renewed Or Cancelled Introductory Arturo liquidises or outplays some pleochroism attributively, however unsatiating Yuri inflicts pleasurably or course. Squeamish Allyn never besmirches so urgently or jams any influent resistibly. Montgomery fingerprints refractorily? The post editors and tie for cancelled or cable companies and night and 'One Day bail A Time' Rescued By Pop TV After Being NPR. Ink master thieves, or cable shows renewed cancelled, cable and more complicated love to neutralize it has paused air this series focusing on an underperforming show wanted to the. List of Renewed and Canceled TV Shows for 2020-21 Season. Media blitzes and social engagement help endangered series avoid cancellation. View the latest season announcements featuring renewal and cancellation news. Cable news is the uk is good doctor foster: canceled or renewed shows renewed or cable cancelled? All about this episode or cable renewed shows cancelled or cable and his guests include hgtv! Ticker covers every genre, or cable or. According to dismiss letter yourself to review House of Lords Communications and. Is its last ready with lawrence o'donnell being cancelled. Plenty of cable or cable shows renewed for the. Osmosis was renewed shows or cable cancelled in central new york and! Abc Daytime Schedule 2020 Gruppomathesisit. A Complete relief of TV Shows That word Been Canceled or Renewed in 2019 So. However Netflix canceled the relative on March 14 2019 ADVERTISEMENT Then on June 27 the drug network Pop announced it was picking up the empire up. Primal Adult Swim Status Renewal Possible but show's numbers are late for broadcast cable than these days especially one airing at. -
Television a La Carte: American Broadcasting Cos
THIS VERSION DOES NOT CONTAIN PAGE NUMBERS. PLEASE CONSULT THE PRINT OR ONLINE DATABASE VERSIONS FOR THE PROPER CITATION INFORMATION. NOTE TELEVISION A LA CARTE: AMERICAN BROADCASTING COS. V. AEREO AND HOW FEDERAL COURTS’ INTERPRETATIONS OF COPYRIGHT LAW ARE IMPACTING THE FUTURE OF THE MEDIUM Andrew Fraser I. INTRODUCTION Somewhere in Brooklyn, a large warehouse holds a bundle of over one thousand rabbit-ear antennas.1 In many ways these antennas resemble the ones that rested on top of generations of older television sets before the advent of cable, except for one small fact—these rabbit-ear antennas are each roughly the size of a dime.2 It is ironic that this ancient, seemingly outdated piece of television technology might signal the medium’s newest direction, but with Aereo at the helm, this may actually be the case. Aereo is a technology platform currently available exclusively in New York City that airs live broadcast television through the Internet to a subscriber’s mobile device, computer, or web-enabled television.3 When an Aereo subscriber wishes to watch a broadcast, he or she instructs an assigned Aereo antenna to capture signals from the public airwaves and to transmit them over the Internet to the subscriber’s mobile device.4 No two subscribers ever use the same antenna at the same time, and Aereo also offers DVR recording technology, so subscribers can watch shows live or recorded.5 With this incredible merging of both old and new technology, Aereo could have an enormous impact on the way consumers watch television, assuming that it can first survive what promise to be some intense legal challenges. -
DCDC Strategic Trends Programme: Future Operating
Strategic Trends Programme Future Operating Environment 2035 © Crown Copyright 08/15 Published by the Ministry of Defence UK The material in this publication is certified as an FSC mixed resourced product, fully recyclable and biodegradable. First Edition 9027 MOD FOE Cover B5 v4_0.indd 1-3 07/08/2015 09:17 Strategic Trends Programme Future Operating Environment 2035 First Edition 20150731-FOE_35_Final_v29-VH.indd 1 10/08/2015 13:28:02 ii Future Operating Environment 2035 20150731-FOE_35_Final_v29-VH.indd 2 10/08/2015 13:28:03 Conditions of release The Future Operating Environment 2035 comprises one element of the Strategic Trends Programme, and is positioned alongside Global Strategic Trends – Out to 2045 (Fifth Edition), to provide a comprehensive picture of the future. This has been derived through evidence-based research and analysis headed by the Development, Concepts and Doctrine Centre, a department within the UK’s Ministry of Defence (MOD). This publication is the first edition of Future Operating Environment 2035 and is benchmarked at 30 November 2014. Any developments taking place after this date have not been considered. The findings and deductions contained in this publication do not represent the official policy of Her Majesty’s Government or that of UK MOD. It does, however, represent the view of the Development, Concepts and Doctrine Centre. This information is Crown copyright. The intellectual property rights for this publication belong exclusively to the MOD. Unless you get the sponsor’s authorisation, you should not reproduce, store in a retrieval system or transmit its information in any form outside the MOD. -
~'7/P64~J Adviser Department of S Vie Languages and Literatures @ Copyright By
FREEDOM AND THE DON JUAN TRADITION IN SELECTED NARRATIVE POETIC WORKS AND THE STONE GUEST OF ALEXANDER PUSHKIN DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of the Ohio State University By James Goodman Connell, Jr., B.S., M.A., M.A. The Ohio State University 1973 Approved by ,r-~ ~'7/P64~j Adviser Department of S vie Languages and Literatures @ Copyright by James Goodman Connell, Jr. 1973 To my wife~ Julia Twomey Connell, in loving appreciation ii VITA September 21, 1939 Born - Adel, Georgia 1961 .•..••. B.S., United States Naval Academy, Annapolis, Maryland 1961-1965 Commissioned service, U.S. Navy 1965-1967 NDEA Title IV Fellow in Comparative Literature, The University of Georgia, Athens, Georgia 1967 ••••.•. M.A. (Comparative Literature), The University of Georgia, Athens, Georgia 1967-1970 NDFL Title VI Fellow in Russian, The Ohio State University, Columbus, Ohio 1969 •.•••.• M.A. (Slavic Languages and Literatures), The Ohio State University, Columbus, Ohio 1970 .•...•. Assistant Tour Leader, The Ohio State University Russian Language Study Tour to the Soviet Union 1970-1971 Teaching Associate, The Ohio State University, Columbus, Ohio 1971-1973 Assistant Professor of Modern Foreign Languages, Valdosta State College, Valdosta, Georgia FIELDS OF STUDY Major field: Russian Literature Studies in Old Russian Literature. Professor Mateja Matejic Studies in Eighteenth Century Russian Literature. Professor Frank R. Silbajoris Studies in Nineteenth Century Russian Literature. Professors Frank R. Silbajoris and Jerzy R. Krzyzanowski Studies in Twentieth Century Russian Literature and Soviet Literature. Professor Hongor Oulanoff Minor field: Polish Literature Studies in Polish Language and Literature. -
Netflix and the Development of the Internet Television Network
Syracuse University SURFACE Dissertations - ALL SURFACE May 2016 Netflix and the Development of the Internet Television Network Laura Osur Syracuse University Follow this and additional works at: https://surface.syr.edu/etd Part of the Social and Behavioral Sciences Commons Recommended Citation Osur, Laura, "Netflix and the Development of the Internet Television Network" (2016). Dissertations - ALL. 448. https://surface.syr.edu/etd/448 This Dissertation is brought to you for free and open access by the SURFACE at SURFACE. It has been accepted for inclusion in Dissertations - ALL by an authorized administrator of SURFACE. For more information, please contact [email protected]. Abstract When Netflix launched in April 1998, Internet video was in its infancy. Eighteen years later, Netflix has developed into the first truly global Internet TV network. Many books have been written about the five broadcast networks – NBC, CBS, ABC, Fox, and the CW – and many about the major cable networks – HBO, CNN, MTV, Nickelodeon, just to name a few – and this is the fitting time to undertake a detailed analysis of how Netflix, as the preeminent Internet TV networks, has come to be. This book, then, combines historical, industrial, and textual analysis to investigate, contextualize, and historicize Netflix's development as an Internet TV network. The book is split into four chapters. The first explores the ways in which Netflix's development during its early years a DVD-by-mail company – 1998-2007, a period I am calling "Netflix as Rental Company" – lay the foundations for the company's future iterations and successes. During this period, Netflix adapted DVD distribution to the Internet, revolutionizing the way viewers receive, watch, and choose content, and built a brand reputation on consumer-centric innovation. -
Watching TV Is Free and Easy with Under-The-Radar Locast
Watching TV is free and easy with under-the- radar Locast 28 January 2019, by Tali Arbel and it's available on more gadgets than you'd get with just a TV antenna. For those who don't have a TV, it's one of the easiest ways to watch over-the- air stations for free. HOW IT WORKS Locast makes local stations available for free, in real time, online. You can watch on its website, locast.org, or on apps for iPhones and Android phones. A Roku app or sharing from your phone with Chromecast or Apple's AirPlay lets you stream to the TV. In New York, I get stations for ABC, CBS, Fox, The Locast website is displayed on a computer screen, NBC, CW, PBS, Univision, Telemundo, Ion and a Monday, Jan. 28, 2019 in New York. A nonprofit called handful of others. Cable channels like ESPN, MTV, Locast, available in seven major U.S. cities, beams Bravo and Fox News are not available free on the popular networks to phones, TVs and computers. It's like the online version of a TV antenna, free and easy to use. public airwaves. You generally have to pay for (AP Photo/Mark Lennihan) them. You can start watching as soon as you let Locast know your location and sign in with your email or You canceled cable long ago. Your TV antenna Facebook account. A basic TV guide tells you has trash reception for ABC. But you want to host what's on now and the next six days. -
ENGLISH APPLE INC. APPLE TV (“APPLE TV”) SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE
ENGLISH APPLE INC. APPLE TV (“APPLE TV”) SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR APPLE TV. BY USING YOUR APPLE TV, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, UNLESS YOU RETURN THE APPLE TV IN ACCORDANCE WITH APPLE’S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLE TV. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE TV WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/. 1. General. A. The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your Apple TV, whether on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensor(s) retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. B. Apple, at its discretion, may make available future updates to the Apple Software for your Apple TV. The Apple Software updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple TV. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software on your Apple TV, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.