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Court Rejects Fox's Attempt to Use Aereo Ruling Against Dish's Hopper

Fox and Dish have been locking horns over Dish over its streaming and PVR services for a while now, and immediately after the Aereo ruling Fox sought an injunction against Dish's services. The court rejected the request. From the article: Fox pointed out the Supremes had reflected Aereo's argument (which it said was Dish's as well) that a performance was not public under the Copyright Act if each sub watches a unique stream. Fox's lawyer, Richard Stone, argued that Aereo was also essentially about attaching a Slingbox to a DVR. But that got some pushback. One judge countered that it was "completely different technology" and said that while that was the argument, "the Supreme court has all sorts of caveats in the opinion about how this was about Aereo and nothing else and a lot of the 'nothing elses' seem to be pretty similar to Slingbox." The underlying case will continue moving forward (going to trial in early 2015).

2 of 67 comments (clear)

  1. Need a EULA for video by paiute · · Score: 5, Interesting

    The networks want to be paid every time a consumer watches a program, live, recorded, restreamed, or whatever. I am surprised that they do not insert a screen before every show reading something along the lines of 'I agree not to redirect the following content.' If the user does not agree with that, they are instructed to stop the program at that point.

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  2. Re:Can't use duck test and rational argument by Impy+the+Impiuos+Imp · · Score: 5, Interesting

    Your Aero argument is indeed solid...except for one thing. Congress deliberately mucked it up by preventing cable companies from being able to rebroadcast local broadcast channels, implementing this must-carry-for-free-or-negotiate-for-dollars, tv station decides.

    Congress did it! However, Fox has no leg to stand on, with the the Aero ruling, anyway. You have your signal and shows already and are just using slingbox to transmit it around for you. This doesn't fall afoul of Congress' strange law for must-carry.

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