Click here to close now.

Welcome!

Virtualization Authors: Mike Kavis, Liz McMillan, Bart Copeland, Tim Hinds, Sean Dwyer

Blog Feed Post

Aereo v. Broadcasters: Things to Ponder

According to aereo.com, “With Aereo, you can watch real, live TV through a tiny remote antenna you control over the Internet — from home or anywhere in your home coverage area.”

If you’re a TV viewer with a broadband connection to the public Internet, this seems like an awesome idea. For $8 per month, you can “Record & Stream Live TV Online with Aereo Cloud DVR.”

If you’re a Broadcaster with a dual revenue stream (retransmission fees from a cable company or other MVPD plus advertising revenue) this seems like a world-ending technology designed to undermine a well-established business model by exploiting a legal loophole.

If you’re on the Supreme Court of The United States, you’ve got your work cut out for you.

The Debate

My good friend, Gary Shapiro, CEO of the Consumer Electronics Association and Neal Katyla, the former acting solicitor general of the United States and legal adviser to the broadcasters in this case, spoke with Jeffrey Brown on PBS. It was a lively debate, well worth watching.

Mr. Katyla said, “As Justice Ginsburg pointed out in today’s argument, everyone else who wants to grab content has to pay for it. And the broadcast companies spend each year billions of dollars creating content, acquiring content, distributing the content. And if an interloper can come along like Aereo — and Aereo’s business model is essentially grabbing those signals from over the air, bundling them together and then selling them for a profit — well, then the entire model and the entire premise of copyright law is going to be disrupted.”

Mr. Katyla spent quality time describing Aereo as an “interloper” and insisted that Aereo’s technology violates copyright law. Interloper may be harsh, but Mr. Shapiro countered that, “… it’s not known whether or not Aereo broke the law… two courts have said they have not violated the law. And, in fact, the statute as written, which was, interestingly, barely discussed at the case, is pretty clear that they have not violated the law.”

Supporting Case Law

The Cablevision Case: In April 2013, a federal appeals court ruled that Aereo’s service didn’t violate copyright law based on a Second Circuit ruling “that found Cablevision’s remote DVR’s to be legal because they involved one copy of a show being transmitted to one subscriber.” While Aereo says its operation is “one antenna for one subscriber,” broadcasters argue that Aereo’s system is built specifically to get around copyright law and different from the Cablevision case because Aereo offers live TV without a license.

Sony Betamax: As opined by Mr. Shapiro, “… the Sony Betamax case, which said you have the right, as a consumer, to record over-the-air television. So there’s no one questioning that today, but a lot of people are relying on it, because that was a fundamental right.” He said Sony has a right to sell a VCR, and “Aereo has a right to basically sell access to an antenna. And, as Aereo’s attorney pointed out, there’s nothing different between what we’re doing with a centralized antenna that is located, as opposed to going in and installing them at people’s houses.”

Circuit Board

This circuit board is made up of a plurality of miniature antennas.

The Technology

This is where it really gets tricky. The circuit board pictured above shows a plurality of miniature television antennas. According to Aereo’s patent (and its attorney), each of these “antennas” are supposed to be assigned to an individual subscriber. The main argument, from Aereo’s point of view, is that you are renting a television antenna in a remote location and it is technically identical to finding the ideal place to put your regular-sized antenna, but… through the magic of Aereo technology (and it would have to be magic for reasons I shall explain in a moment), this little miniature antenna will tune in all of the broadcast television you would ever want to watch.

Then, also through the magic of Aereo technology, you can use a remote DVR (just like your DVR only in a remote location) and access recorded shows from any device that has access to the public Internet. Aereo argues that this is completely legal because its service is identical to making a deal with your neighbor to place your antenna on his roof (because he had better line of sight to the television transmitters) and paying $8 per month for the privilege.

The problem here is that a single miniature antenna like the ones shown on the circuit card can’t (due to very well understood physics) receive VHF and UHF television signals. It is possible that the entire circuit card may be able to resonate with the wavelengths in question, but not an individual miniature antenna. If you want to do an experiment, take one of these and attach it to your television set – you will most likely see snow on almost every channel. A paperclip-sized antenna would need to have Harry Potter-like powers to tune in the range radio frequencies used for broadcast television.

The Aereo patent claims have other significant issues with naming conventions and industry terms of art. I don’t know what an “antenna system” is. Aereo invented the term. But it clearly contains more technology than a passive television antenna sized to resonate at specific frequencies.

Then there’s the non-trivial issue of transcoding the signal from RF (Radio Frequency) to a streaming video format.

When taken together, the technology does not appear to be a passive television antenna in a remote location. It appears to be an array of antennas and a system for multiplexing transmission, which closely resembles an MVPD or, in other words, a cable operator.

Things to Ponder

Of the lessons learned from Sony Corp. Of Amer. V. Universal City Studios, Inc., 464 U.S. 417 (1984) and MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005) one important take-away was, “Technology is neither good nor bad it’s how people use it that makes it so.” To date, the courts have not ruled against technology or innovation. They have ruled against the way people put it to use.

Aereo is innovative and awesome! But is it legal?

This case is reminiscent of the advent of Super Stations. Back in 1976, Ted Turner realized that he could use C-Band Satellite technology to distribute the broadcast signal from WTCG-TV (renamed WTBS-TV in 1978) to cable providers nationwide. This was to the great dismay and chagrin of syndicators and content providers who licensed programming to WTCG/WTBS in Atlanta for use in the Atlanta television market. The contracts did not prohibit this kind of distribution because no one thought of it or had any idea that it would become an issue.

Lawsuits ensued, but… as we all know, WTBS-TV became TBS (Turner Broadcasting System) and the cable business, as we know it, was born.

Is the way Aereo is using Antenna/Internet technology radically different from the way TBS used C-Band Satellite technology? Both had the idea of increasing viewership of free over-the-air content by using available technology. While this example is imperfect for several reasons, the metaphor is a good one – innovators see opportunity where there is a market and brilliant innovators change constantly change the world.

Aereo is good for consumers. Some will argue that it is good for advertiser-supported broadcast television stations because it will increase viewership (local broadcast television ratings have been declining for a decade and the downward trend is accelerating). Make no mistake: Aereo is not good for broadcast television stations in any way. Not only because if Aereo prevails it will not have to pay retransmission fees, but because every cable company will copy the technology and cease to pay them as well. This will financially devastate the local broadcast television business. A win for Aereo is a death knell for local television stations.

Is that a good thing or a bad thing? After all, the FCC wants the spectrum that it loans to local television stations (for free) back so it can sell it or lease it companies that want to use it for wireless broadband.

If free over the air television did not exist, would the content created by local TV stations be valuable enough for cable and satellite providers to carry? Would they pay for it? If the content were only available over a wired MVPD, Aereo would have nothing to sell. Is that future better for the public?

SCOTUS

The implications of the Aereo decision will be far-reaching and it will impact every aspect of the broadcast television business. Is this technology good or bad? It’s not about the technology at all… it’s about people understanding how it is being used. And, as Upton Sinclair used to say, “It is difficult to get a man to understand something, when his salary depends upon his not understanding it!” Just some things to ponder about Aereo vs. television as we know it.

Read the original blog entry...

More Stories By Shelly Palmer

Shelly Palmer is the host of Fox Television’s "Shelly Palmer Digital Living" television show about living and working in a digital world. He is Fox 5′s (WNYW-TV New York) Tech Expert and the host of United Stations Radio Network’s, MediaBytes, a daily syndicated radio report that features insightful commentary and a unique insiders take on the biggest stories in technology, media, and entertainment.

@ThingsExpo Stories
One of the biggest impacts of the Internet of Things is and will continue to be on data; specifically data volume, management and usage. Companies are scrambling to adapt to this new and unpredictable data reality with legacy infrastructure that cannot handle the speed and volume of data. In his session at @ThingsExpo, Don DeLoach, CEO and president of Infobright, will discuss how companies need to rethink their data infrastructure to participate in the IoT, including: Data storage: Understanding the kinds of data: structured, unstructured, big/small? Analytics: What kinds and how responsiv...
Since 2008 and for the first time in history, more than half of humans live in urban areas, urging cities to become “smart.” Today, cities can leverage the wide availability of smartphones combined with new technologies such as Beacons or NFC to connect their urban furniture and environment to create citizen-first services that improve transportation, way-finding and information delivery. In her session at @ThingsExpo, Laetitia Gazel-Anthoine, CEO of Connecthings, will focus on successful use cases.
Sensor-enabled things are becoming more commonplace, precursors to a larger and more complex framework that most consider the ultimate promise of the IoT: things connecting, interacting, sharing, storing, and over time perhaps learning and predicting based on habits, behaviors, location, preferences, purchases and more. In his session at @ThingsExpo, Tom Wesselman, Director of Communications Ecosystem Architecture at Plantronics, will examine the still nascent IoT as it is coalescing, including what it is today, what it might ultimately be, the role of wearable tech, and technology gaps stil...
The true value of the Internet of Things (IoT) lies not just in the data, but through the services that protect the data, perform the analysis and present findings in a usable way. With many IoT elements rooted in traditional IT components, Big Data and IoT isn’t just a play for enterprise. In fact, the IoT presents SMBs with the prospect of launching entirely new activities and exploring innovative areas. CompTIA research identifies several areas where IoT is expected to have the greatest impact.
Wearable devices have come of age. The primary applications of wearables so far have been "the Quantified Self" or the tracking of one's fitness and health status. We propose the evolution of wearables into social and emotional communication devices. Our BE(tm) sensor uses light to visualize the skin conductance response. Our sensors are very inexpensive and can be massively distributed to audiences or groups of any size, in order to gauge reactions to performances, video, or any kind of presentation. In her session at @ThingsExpo, Jocelyn Scheirer, CEO & Founder of Bionolux, will discuss ho...
SYS-CON Events announced today that GENBAND, a leading developer of real time communications software solutions, has been named “Silver Sponsor” of SYS-CON's WebRTC Summit, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. The GENBAND team will be on hand to demonstrate their newest product, Kandy. Kandy is a communications Platform-as-a-Service (PaaS) that enables companies to seamlessly integrate more human communications into their Web and mobile applications - creating more engaging experiences for their customers and boosting collaboration and productiv...
Roberto Medrano, Executive Vice President at SOA Software, had reached 30,000 page views on his home page - http://RobertoMedrano.SYS-CON.com/ - on the SYS-CON family of online magazines, which includes Cloud Computing Journal, Internet of Things Journal, Big Data Journal, and SOA World Magazine. He is a recognized executive in the information technology fields of SOA, internet security, governance, and compliance. He has extensive experience with both start-ups and large companies, having been involved at the beginning of four IT industries: EDA, Open Systems, Computer Security and now SOA.
From telemedicine to smart cars, digital homes and industrial monitoring, the explosive growth of IoT has created exciting new business opportunities for real time calls and messaging. In his session at @ThingsExpo, Ivelin Ivanov, CEO and Co-Founder of Telestax, shared some of the new revenue sources that IoT created for Restcomm – the open source telephony platform from Telestax. Ivelin Ivanov is a technology entrepreneur who founded Mobicents, an Open Source VoIP Platform, to help create, deploy, and manage applications integrating voice, video and data. He is the co-founder of TeleStax, a...
The industrial software market has treated data with the mentality of “collect everything now, worry about how to use it later.” We now find ourselves buried in data, with the pervasive connectivity of the (Industrial) Internet of Things only piling on more numbers. There’s too much data and not enough information. In his session at @ThingsExpo, Bob Gates, Global Marketing Director, GE’s Intelligent Platforms business, to discuss how realizing the power of IoT, software developers are now focused on understanding how industrial data can create intelligence for industrial operations. Imagine ...
Operational Hadoop and the Lambda Architecture for Streaming Data Apache Hadoop is emerging as a distributed platform for handling large and fast incoming streams of data. Predictive maintenance, supply chain optimization, and Internet-of-Things analysis are examples where Hadoop provides the scalable storage, processing, and analytics platform to gain meaningful insights from granular data that is typically only valuable from a large-scale, aggregate view. One architecture useful for capturing and analyzing streaming data is the Lambda Architecture, representing a model of how to analyze rea...
SYS-CON Events announced today that Vitria Technology, Inc. will exhibit at SYS-CON’s @ThingsExpo, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Vitria will showcase the company’s new IoT Analytics Platform through live demonstrations at booth #330. Vitria’s IoT Analytics Platform, fully integrated and powered by an operational intelligence engine, enables customers to rapidly build and operationalize advanced analytics to deliver timely business outcomes for use cases across the industrial, enterprise, and consumer segments.
The explosion of connected devices / sensors is creating an ever-expanding set of new and valuable data. In parallel the emerging capability of Big Data technologies to store, access, analyze, and react to this data is producing changes in business models under the umbrella of the Internet of Things (IoT). In particular within the Insurance industry, IoT appears positioned to enable deep changes by altering relationships between insurers, distributors, and the insured. In his session at @ThingsExpo, Michael Sick, a Senior Manager and Big Data Architect within Ernst and Young's Financial Servi...
SYS-CON Events announced today that Open Data Centers (ODC), a carrier-neutral colocation provider, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. Open Data Centers is a carrier-neutral data center operator in New Jersey and New York City offering alternative connectivity options for carriers, service providers and enterprise customers.
When it comes to the Internet of Things, hooking up will get you only so far. If you want customers to commit, you need to go beyond simply connecting products. You need to use the devices themselves to transform how you engage with every customer and how you manage the entire product lifecycle. In his session at @ThingsExpo, Sean Lorenz, Technical Product Manager for Xively at LogMeIn, will show how “product relationship management” can help you leverage your connected devices and the data they generate about customer usage and product performance to deliver extremely compelling and reliabl...
SYS-CON Events announced today that CodeFutures, a leading supplier of database performance tools, has been named a “Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9–11, 2015, at the Javits Center in New York, NY. CodeFutures is an independent software vendor focused on providing tools that deliver database performance tools that increase productivity during database development and increase database performance and scalability during production.
The IoT market is projected to be $1.9 trillion tidal wave that’s bigger than the combined market for smartphones, tablets and PCs. While IoT is widely discussed, what not being talked about are the monetization opportunities that are created from ubiquitous connectivity and the ensuing avalanche of data. While we cannot foresee every service that the IoT will enable, we should future-proof operations by preparing to monetize them with extremely agile systems.
There’s Big Data, then there’s really Big Data from the Internet of Things. IoT is evolving to include many data possibilities like new types of event, log and network data. The volumes are enormous, generating tens of billions of logs per day, which raise data challenges. Early IoT deployments are relying heavily on both the cloud and managed service providers to navigate these challenges. Learn about IoT, Big Data and deployments processing massive data volumes from wearables, utilities and other machines.
The explosion of connected devices / sensors is creating an ever-expanding set of new and valuable data. In parallel the emerging capability of Big Data technologies to store, access, analyze, and react to this data is producing changes in business models under the umbrella of the Internet of Things (IoT). In particular within the Insurance industry, IoT appears positioned to enable deep changes by altering relationships between insurers, distributors, and the insured. In his session at @ThingsExpo, Michael Sick, a Senior Manager and Big Data Architect within Ernst and Young's Financial Servi...
“In the past year we've seen a lot of stabilization of WebRTC. You can now use it in production with a far greater degree of certainty. A lot of the real developments in the past year have been in things like the data channel, which will enable a whole new type of application," explained Peter Dunkley, Technical Director at Acision, in this SYS-CON.tv interview at @ThingsExpo, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events announced today that Intelligent Systems Services will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Established in 1994, Intelligent Systems Services Inc. is located near Washington, DC, with representatives and partners nationwide. ISS’s well-established track record is based on the continuous pursuit of excellence in designing, implementing and supporting nationwide clients’ mission-critical systems. ISS has completed many successful projects in Healthcare, Commercial, Manufacturing, ...