Aereo Ruling Could Impact Pandora
itwbennett writes "Aereo's court battles are far from over, to be sure, but the ruling earlier this month that the TV streaming service doesn't violate copyright laws must have the folks at music streaming service Pandora shaking their heads, wondering why they're still paying royalties that currently consume more than half their revenues. The implications of Aereo's business model are far-reaching and may ultimately 'be resolved by Congress, just as it did when cable first came on the scene, by passing legislation to redefine a public performance,' writes broadcast industry attorney David Oxenford."
It should never be considered a "public performance".. Not until a video of me fixing a toilet actually fixes a toilet.
“He’s not deformed, he’s just drunk!”
If Pandora buys a cd(digital music would probably have to wait for another legal victory) and only streams it out to 1 user at a time then I could see this ruling helping Pandora. I doubt this is close to the black magic media distribution that Pandora employs currently. Math is hard but I am thinking it would take a while for this system to be more profitable then the current licensing model.
Do the same royalties apply to music videos? If not, why doesn't Pandora stream low quality video/high quality audio for the songs it can to cut down on costs.
aereo may need to add forced Regional locks if they don't want to get sued the by the NHL, NBA, MLB, NFL, ESPN / ABC and others.
What Pandora does is completely different. Aereo is rebroadcasting a live signal. Pandora is replaying a recorded song any number of times to any number of people. Aereo has an antenna for each subscriber. How in the world is this even remotely comparable?
A library I used to frequent kept DVDs on the shelves for 3-day checkout. The selection was mostly landmark films, classics, and historic pieces. I wonder what the law would be if they instead loaned out via streaming (DVDs or Blu-Rays). Instead of a 2-3 day checkout window, they were digitally transported for up to 4 hours (automatically "checked in" when you exit the streaming system or finish the work).
About 10 years back, there was a big uproar that libraries wanted to do similar with regular print books, that is, full conversion to a digital, searchable copy capable of being checked out online. With reference, rare, and similar non-loanable books this would be especially useful to them. The added bonus they saw was less wear and tear on the books along with being able to serve more of the public by reducing check-out windows or making it easier to check stuff in sooner. The IP holders killed the idea dead as quick as possible of course.
The cheap shot the libraries should take now is the "thermonuclear green option". Move the conversation to how much greener it would be if people didn't have to drive their Excursions (much less a Prius) as frequently to the library. Add in all of the carbon footprint chatter about a/c and heating for people constantly coming and going. Then there is going back to the wear and tear. (though frankly I have never heard a good justification for why you ever need to pay for a damaged replacement of something bought under copyright if you a) own a copyright type license and b) the copyright content is the valuable portion)
<trollface>IP holders, why you kill more trees???</trollface>
You can bet that the MAFIAA is hard at work writing legislation for their wholly owned subsidiary, the US Congress, to rubberstamp for them to redefine "public performance" to be pretty much anything they can charge royalties for.
Performances in venues where you have to buy a ticket (or otherwise register) and pass through security are still public performances.
Aero redirects others' signals and is just a fancy antenna. Pandora is 1000 little Internet radio stations, and should pay royalties like any other.
There is no comparison. In the former, the stations pay the royalties. In the latter, the station, Pandora, does, too.
Tune In Radio isn't even like either -- it is just a finder and facilitator of broadcast radio stations' newfangled Intertubes feeds.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
Hmm, I tend to believe lawyers only need a pat on the back when you are wielding a dagger.
You must gather your party before venturing forth.
Sure it is. A link to one of those "reputation management firms" (or whatever those shill scumbags call themselves) made the rounds awhile back mentioning slashdot and reddit by name.
LOL... I got moderated for "Offtopic (-1)" by an idiot that doesn't have a clue about the sarcasm behind the post... too damned funny, way to go dumbass!
How nice for you that you can apparently see inside my head and understand what motivates me.
In fact, my writing career began as exactly that--an effort to help others.
The fact that it has also worked out to benefit me materially, well beyond any expectations that I had when I started, is a rather nice side effect.
BTW, I worked my ass off, took nothing that did not belong to me, and did not raise my hand against anyone in the course of establishing myself. So if you're trying to guilt-trip me or lay some kind of "entitlement" bullshit on me, you are wasting your time, Jackson.
Il n'y a pas de Planet B.
BTW, I worked my ass off, took nothing that did not belong to me, and did not raise my hand against anyone in the course of establishing myself.
I should also point out that this was probably the first time in my life that I could make such a claim about about any of my endeavours. I'm not exactly an angel now, but I was even less of one in previous incarnations.
Il n'y a pas de Planet B.