Forget even the "per-user" aspect of it. Because you're not doing the work yourself, but are hiring that labor out to Aereo, that makes them a TV service provider. If they rented a 4 foot cube apartment to you and you were able to go visit and put your equipment in and set it up and plug it in to your rented ethernet port, you'd be fine. Instead, they're doing it. That takes it from personal and equipment rental to service provider.
In that case, you would actually be renting the space and not paying for a service. That's the key difference. Aereo does not give you physical access and you do not configure the equipment.
They have to pay taxes...when the money comes back to the U.S. Those that do it are legally a multinational corporation. So the profits can't really be used as profits, but they can be used to cover unprofitable years tax-free.
Aereo might continue to offer public broadcasting if they still have enough money to continue. Non-commercial stations are exempt from the retransmission fee rules.
Slingbox is personal use. Aereo is a service provider. It all comes down to the fact that someone is installing and maintaining and substantially operating that equipment for you.
SEC. 6. RETRANSMISSION CONSENT FOR CABLE SYSTEM. Section 325 of the Communications Act of 1934 (47 U.S.C. 325) is amended- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting immediately after subsection (a) the following new subsection: (bXl)() Following the date that is one year after the date of enactment of the Cable Television Consumer Protection and Competition Act of 1992, no cable system or other multichannel video programming distributor shall retransmit the signal of a broadcastmg station, or any part thereof, excepti( A) with the express authority of the originating station; or "(B) pursuant to section 614, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section. "(2) The provisions of this subsection shall not apply to- '(A) retransmission of the signal of a noncommercial broadcasting station; (B) retransmission directly to a home satellite antenna of the signal of a broadcasting station that is not owned or operated by, or affiliated with, a broadcasting network, if such signal was retransmitted by a satellite carrier on May 1, 1991; i(C) retransmission of the signal of a broadcasting station that is owned or operated by, or affiliated with, a broadcasting network directly to a home satellite antenna, if the household receiving the signal is an unserved household; or "(D) retransmission by a cable operator or other multichannel video programming distributor of the signal of a superstation if such signal was obtained from a satellite carrier and the originating station was a superstation on May 1, 1991. For purposes of this paragraph, the terms 'satellite carrier', 'superstation', and 'unserved household' have the meanings given those terms, respectively, in section 119(d) of title 17, United States Code, as in effect on the date of enactment of the Cable Television Consumer Protection and Competition Act of 1992.
It's specifically about hiring a service for retransmitting. Not personal.
The law was about the commercial retransmitting. You can try to construe it as renting equipment, but you aren't - you're hiring a service to run that equipment. http://en.wikipedia.org/wiki/R...
Broadcast Television is by definition broadcast to all who can receive it. Just because cable companies pay to rebroadcast it to their customers doesn't change the primary fact. You do not have to pay to watch broadcast TV. It is not a violation of copyright to do so.
SCOTUS rules that Congress meant to include Aereo in a law made before anyone had any idea that technology would make something like Aereo possible. Boo SCOTUS!
They did. It's not great that the service can't thrive, but this law was specifically created because cable companies were retransmitting local channels without paying licensing fees. This just trades one copper wire for another, if even that.
I was going to give them the benefit of the doubt that they were talking about the phenomena using the end result as a convenient name. But no - that was apparently discovered between 1873-1884.
Well...even the first triode with a hard vacuum was back in 1915 (says Wikipedia with no citation). I'm thinking 1947 is merely the first commercial use of hard vacuum tubes on a wide consumer market scale. That's really the only thing I can see that lines up with 1947.
So you're a "too big to fail" supporter? In other words, the key to avoid punishment for anything is to also be an 800lb gorilla?
Multiplying damages by 10 is barely over 1% of these companies' combined annual income. Apple has piles and piles of cash they aren't even doing anything with. I'm sure the others aren't hoarding to the same degree, but they won't be bankrupted by this. And their stock value doesn't crash from this.
Slashdot Mirror
Forget even the "per-user" aspect of it. Because you're not doing the work yourself, but are hiring that labor out to Aereo, that makes them a TV service provider. If they rented a 4 foot cube apartment to you and you were able to go visit and put your equipment in and set it up and plug it in to your rented ethernet port, you'd be fine. Instead, they're doing it. That takes it from personal and equipment rental to service provider.
In that case, you would actually be renting the space and not paying for a service. That's the key difference. Aereo does not give you physical access and you do not configure the equipment.
If Aereo let you into their facility to set up the hardware, then you would have a point. They don't do that - you're paying for a service.
They have to pay taxes...when the money comes back to the U.S. Those that do it are legally a multinational corporation. So the profits can't really be used as profits, but they can be used to cover unprofitable years tax-free.
Aereo might continue to offer public broadcasting if they still have enough money to continue. Non-commercial stations are exempt from the retransmission fee rules.
You can rent an antenna. You cannot hire a company to manage and operate it (substantially) for you.
Aereo != Slingbox
Slingbox is personal use. Aereo is a service provider. It all comes down to the fact that someone is installing and maintaining and substantially operating that equipment for you.
SEC. 6. RETRANSMISSION CONSENT FOR CABLE SYSTEM.
Section 325 of the Communications Act of 1934 (47 U.S.C.
325) is amended-
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting immediately after subsection (a) the following
new subsection:
(bXl)() Following the date that is one year after the date of
enactment of the Cable Television Consumer Protection and Competition
Act of 1992, no cable system or other multichannel video
programming distributor shall retransmit the signal of a broadcastmg
station, or any part thereof, excepti(
A) with the express authority of the originating station;
or
"(B) pursuant to section 614, in the case of a station electing,
in accordance with this subsection, to assert the right
to carriage under such section.
"(2) The provisions of this subsection shall not apply to-
'(A) retransmission of the signal of a noncommercial broadcasting
station;
(B) retransmission directly to a home satellite antenna
of the signal of a broadcasting station that is not owned or
operated by, or affiliated with, a broadcasting network, if such
signal was retransmitted by a satellite carrier on May 1, 1991;
i(C) retransmission of the signal of a broadcasting station
that is owned or operated by, or affiliated with, a broadcasting
network directly to a home satellite antenna, if the household
receiving the signal is an unserved household; or
"(D) retransmission by a cable operator or other multichannel
video programming distributor of the signal of a
superstation if such signal was obtained from a satellite carrier
and the originating station was a superstation on May 1, 1991.
For purposes of this paragraph, the terms 'satellite carrier',
'superstation', and 'unserved household' have the meanings given
those terms, respectively, in section 119(d) of title 17, United States
Code, as in effect on the date of enactment of the Cable Television
Consumer Protection and Competition Act of 1992.
It's specifically about hiring a service for retransmitting. Not personal.
The law was about the commercial retransmitting. You can try to construe it as renting equipment, but you aren't - you're hiring a service to run that equipment.
http://en.wikipedia.org/wiki/R...
Broadcast Television is by definition broadcast to all who can receive it. Just because cable companies pay to rebroadcast it to their customers doesn't change the primary fact. You do not have to pay to watch broadcast TV. It is not a violation of copyright to do so.
http://en.wikipedia.org/wiki/R...
It wasn't a violation to do so. As of 1992, it is. They are for all intents and purposes a cable company under this law.
The cloud DVR is relatively insignificant in all this. The simple retransmission is exactly what is at issue.
SCOTUS rules that Congress meant to include Aereo in a law made before anyone had any idea that technology would make something like Aereo possible. Boo SCOTUS!
They did. It's not great that the service can't thrive, but this law was specifically created because cable companies were retransmitting local channels without paying licensing fees. This just trades one copper wire for another, if even that.
To be fair, programming a VCR is much harder than even x86 assembly.
If you're exempt from overtime pay, it's quite the loophole to effectively cut wages in half while still looking OK on the books.
7 vs. 6. No idea how many people were within that range.
And yes - I was thinking triode and not transistor. I have no idea how I spent that much time writing without realizing that.
I was going to give them the benefit of the doubt that they were talking about the phenomena using the end result as a convenient name. But no - that was apparently discovered between 1873-1884.
Well...even the first triode with a hard vacuum was back in 1915 (says Wikipedia with no citation). I'm thinking 1947 is merely the first commercial use of hard vacuum tubes on a wide consumer market scale. That's really the only thing I can see that lines up with 1947.
If you think that's bad, don't jump into the rabbit hole that is the Twitter feed linked from the web site:
Lastnight #emf massaging my brain and genitals all night, 3 #forced #ejaculation's from the #abuse: http://obamasweapon.com/ #rape #assault
Yep - Mariah Carey hits the highest notes:
http://www.concerthotels.com/w...
Whitney Houston is WAY down the list at #23, below even Elton John and Miley Cyrus.
It's a good thing they don't have to spend almost all of that on R&D and facilities to manufacture newer tech in order to remain relevant.
So you're a "too big to fail" supporter? In other words, the key to avoid punishment for anything is to also be an 800lb gorilla?
Multiplying damages by 10 is barely over 1% of these companies' combined annual income. Apple has piles and piles of cash they aren't even doing anything with. I'm sure the others aren't hoarding to the same degree, but they won't be bankrupted by this. And their stock value doesn't crash from this.
And of course road wear increases exponentially with weight, so their little fines are far from the actual increased cost in road maintenance.
It's not just sniping. It's knowing that employees can't leave for better money and not that you don't have to bother giving raises.
Or at least actually make up for the lost wages. It would probably take closer to 4 billion to do it anyway.
but it will affect their quarterly results
I don't know about that - they can just bring back some of their off-shored profits tax-free to cover the loss.