|By Shelly Palmer||
|April 27, 2014 03:01 AM EDT||
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.
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.”
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?
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.
SYS-CON Media announced today that @WebRTCSummit Blog, the largest WebRTC resource in the world, has been launched. @WebRTCSummit Blog offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. @WebRTCSummit Blog can be bookmarked ▸ Here @WebRTCSummit conference site can be bookmarked ▸ Here
Mar. 28, 2015 08:00 PM EDT Reads: 1,736
SYS-CON Events announced today that Cisco, the worldwide leader in IT that transforms how people connect, communicate and collaborate, has been named “Gold 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 City, NY. Cisco makes amazing things happen by connecting the unconnected. Cisco has shaped the future of the Internet by becoming the worldwide leader in transforming how people connect, communicate and collaborate. Cisco and our partners are building the platform for the Internet of Everything by connecting the...
Mar. 28, 2015 07:00 PM EDT Reads: 5,164
Temasys has announced senior management additions to its team. Joining are David Holloway as Vice President of Commercial and Nadine Yap as Vice President of Product. Over the past 12 months Temasys has doubled in size as it adds new customers and expands the development of its Skylink platform. Skylink leads the charge to move WebRTC, traditionally seen as a desktop, browser based technology, to become a ubiquitous web communications technology on web and mobile, as well as Internet of Things compatible devices.
Mar. 28, 2015 06:00 PM EDT Reads: 1,784
SYS-CON Events announced today that robomq.io 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. robomq.io is an interoperable and composable platform that connects any device to any application. It helps systems integrators and the solution providers build new and innovative products and service for industries requiring monitoring or intelligence from devices and sensors.
Mar. 28, 2015 06:00 PM EDT Reads: 1,418
Wearable technology was dominant at this year’s International Consumer Electronics Show (CES) , and MWC was no exception to this trend. New versions of favorites, such as the Samsung Gear (three new products were released: the Gear 2, the Gear 2 Neo and the Gear Fit), shared the limelight with new wearables like Pebble Time Steel (the new premium version of the company’s previously released smartwatch) and the LG Watch Urbane. The most dramatic difference at MWC was an emphasis on presenting wearables as fashion accessories and moving away from the original clunky technology associated with t...
Mar. 28, 2015 06:00 PM EDT Reads: 1,301
SYS-CON Events announced today that Akana, formerly SOA Software, has been named “Bronze Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. Akana’s comprehensive suite of API Management, API Security, Integrated SOA Governance, and Cloud Integration solutions helps businesses accelerate digital transformation by securely extending their reach across multiple channels – mobile, cloud and Internet of Things. Akana enables enterprises to share data as APIs, connect and integrate applications, drive part...
Mar. 28, 2015 04:15 PM EDT Reads: 1,482
Docker is an excellent platform for organizations interested in running microservices. It offers portability and consistency between development and production environments, quick provisioning times, and a simple way to isolate services. In his session at DevOps Summit at 16th Cloud Expo, Shannon Williams, co-founder of Rancher Labs, will walk through these and other benefits of using Docker to run microservices, and provide an overview of RancherOS, a minimalist distribution of Linux designed expressly to run Docker. He will also discuss Rancher, an orchestration and service discovery platf...
Mar. 28, 2015 04:15 PM EDT Reads: 2,404
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.
Mar. 28, 2015 03:30 PM EDT Reads: 2,142
SYS-CON Events announced today that Solgenia 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, and the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Solgenia is the global market leader in Cloud Collaboration and Cloud Infrastructure software solutions. Designed to “Bridge the Gap” between Personal and Professional Social, Mobile and Cloud user experiences, our solutions help large and medium-sized organizations dr...
Mar. 28, 2015 03:00 PM EDT Reads: 2,743
SYS-CON Events announced today that Liaison Technologies, a leading provider of data management and integration cloud services and solutions, has been named "Silver 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. Liaison Technologies is a recognized market leader in providing cloud-enabled data integration and data management solutions to break down complex information barriers, enabling enterprises to make smarter decisions, faster.
Mar. 28, 2015 03:00 PM EDT Reads: 3,408
Cloud is not a commodity. And no matter what you call it, computing doesn’t come out of the sky. It comes from physical hardware inside brick and mortar facilities connected by hundreds of miles of networking cable. And no two clouds are built the same way. SoftLayer gives you the highest performing cloud infrastructure available. One platform that takes data centers around the world that are full of the widest range of cloud computing options, and then integrates and automates everything. Join SoftLayer on June 9 at 16th Cloud Expo to learn about IBM Cloud's SoftLayer platform, explore se...
Mar. 28, 2015 02:00 PM EDT Reads: 1,595
The WebRTC Summit 2014 New York, to be held June 9-11, 2015, at the Javits Center in New York, NY, announces that its Call for Papers is open. Topics include all aspects of improving IT delivery by eliminating waste through automated business models leveraging cloud technologies. WebRTC Summit is co-located with 16th International Cloud Expo, @ThingsExpo, Big Data Expo, and DevOps Summit.
Mar. 28, 2015 01:00 PM EDT Reads: 1,470
@ThingsExpo has been named the Top 5 Most Influential M2M Brand by Onalytica in the ‘Machine to Machine: Top 100 Influencers and Brands.' Onalytica analyzed the online debate on M2M by looking at over 85,000 tweets to provide the most influential individuals and brands that drive the discussion. According to Onalytica the "analysis showed a very engaged community with a lot of interactive tweets. The M2M discussion seems to be more fragmented and driven by some of the major brands present in the M2M space. This really allows some room for influential individuals to create more high value inter...
Mar. 28, 2015 12:45 PM EDT Reads: 4,620
The world's leading Cloud event, Cloud Expo has launched Microservices Journal on the SYS-CON.com portal, featuring over 19,000 original articles, news stories, features, and blog entries. DevOps Journal is focused on this critical enterprise IT topic in the world of cloud computing. Microservices Journal offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. Follow new article posts on Twitter at @MicroservicesE
Mar. 28, 2015 12:00 PM EDT Reads: 1,391
SYS-CON Events announced today the IoT Bootcamp – Jumpstart Your IoT Strategy, being held June 9–10, 2015, in conjunction with 16th Cloud Expo and Internet of @ThingsExpo at the Javits Center in New York City. This is your chance to jumpstart your IoT strategy. Combined with real-world scenarios and use cases, the IoT Bootcamp is not just based on presentations but includes hands-on demos and walkthroughs. We will introduce you to a variety of Do-It-Yourself IoT platforms including Arduino, Raspberry Pi, BeagleBone, Spark and Intel Edison. You will also get an overview of cloud technologies s...
Mar. 28, 2015 11:00 AM EDT Reads: 2,024
SYS-CON Events announced today that SafeLogic has been named “Bag Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. SafeLogic provides security products for applications in mobile and server/appliance environments. SafeLogic’s flagship product CryptoComply is a FIPS 140-2 validated cryptographic engine designed to secure data on servers, workstations, appliances, mobile devices, and in the Cloud.
Mar. 28, 2015 11:00 AM EDT Reads: 1,372
Containers and microservices have become topics of intense interest throughout the cloud developer and enterprise IT communities. Accordingly, attendees at the upcoming 16th Cloud Expo at the Javits Center in New York June 9-11 will find fresh new content in a new track called PaaS | Containers & Microservices Containers are not being considered for the first time by the cloud community, but a current era of re-consideration has pushed them to the top of the cloud agenda. With the launch of Docker's initial release in March of 2013, interest was revved up several notches. Then late last...
Mar. 28, 2015 09:15 AM EDT Reads: 2,181
SOA Software has changed its name to Akana. With roots in Web Services and SOA Governance, Akana has established itself as a leader in API Management and is expanding into cloud integration as an alternative to the traditional heavyweight enterprise service bus (ESB). The company recently announced that it achieved more than 90% year-over-year growth. As Akana, the company now addresses the evolution and diversification of SOA, unifying security, management, and DevOps across SOA, APIs, microservices, and more.
Mar. 28, 2015 08:30 AM EDT Reads: 2,015
After making a doctor’s appointment via your mobile device, you receive a calendar invite. The day of your appointment, you get a reminder with the doctor’s location and contact information. As you enter the doctor’s exam room, the medical team is equipped with the latest tablet containing your medical history – he or she makes real time updates to your medical file. At the end of your visit, you receive an electronic prescription to your preferred pharmacy and can schedule your next appointment.
Mar. 28, 2015 08:00 AM EDT Reads: 615
GENBAND has announced that SageNet is leveraging the Nuvia platform to deliver Unified Communications as a Service (UCaaS) to its large base of retail and enterprise customers. Nuvia’s cloud-based solution provides SageNet’s customers with a full suite of business communications and collaboration tools. Two large national SageNet retail customers have recently signed up to deploy the Nuvia platform and the company will continue to sell the service to new and existing customers. Nuvia’s capabilities include HD voice, video, multimedia messaging, mobility, conferencing, Web collaboration, deskt...
Mar. 28, 2015 01:00 AM EDT Reads: 1,412