[mythtv-users] aereo

[Anthony Giggins]

On 1 July 2014 02:28, Gary Buhrmaster <gary.buhrmaster at gmail.com> wrote:

> On Mon, Jun 30, 2014 at 1:58 PM, R. G. Newbury <newbury at mandamus.org>
> wrote:
> .....
> > The customer got access to content which he would otherwise have received
> > for FREE.
>
> Congress, in their 1976 overhaul of Copyright, changed
> the laws regarding OTA.  The "Must carry" and
> "retransmission consent" alternatives were codified
> in the rules.  Those changes in the law actually
> overruled a SCOTUS decision that would (today)
> have allowed Aereo to exist.  You reap what you
> sow.
>
> The Aereo decision was one of those cases where
> SCOTUS appears to have deferred to the explicit
> will of Congress (SCOTUS sometimes has to discern
> the will of Congress (or the framers of the Constitution)
> based on words that never mean what you think they
> mean, and sometimes has had to make up the will of
> Congress and establish new public policy).  As a
> matter of law, I think this decision was properly
> decided (and it was essentially 9-0 on the issue
> of whether Aereo was in violation, the dissents were
> just on how to decide between direct and indirect
> infringement).  As a matter of good public policy,
> this decision is less good.  But that is the fault
> of existing copyright law, not the decision itself.
>
> That (many of) the copyright laws predate current
> technology is not in dispute.  That (many of) the
> copyright laws currently support existing business
> models is not in dispute.  That changes should be
> made is not usually in dispute either.  What changes
> should be made (i.e. whose ox to gore) is always in
> dispute.  Given the money involved, any changes in
> laws are going to have to see a groundswell of public
> opinion.  And such swells have a tendency to
> dissipate with a bit of time.
>

Sounds very much like the Optus TV now in Australia

http://www.optuszoo.com.au/tvandvideo/optustvnow

http://www.smh.com.au/business/optus-to-shut-down-tv-now-after-losing-appeal-20120907-25ijm.html

Cheers,

Anthony
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