Applying Aereo: Aereo’s Time-Shifted Transmissions

This is the third post in my “Applying Aereo” series. In the first post, I walked through the Supreme Court’s holding that Aereo performs publicly with its near-simultaneous transmissions. In the second post, I applied that holding to the public performance issue in the Fox v. Dish litigation over Dish’s Hopper with Sling. In this […]

On Scalia’s Aereo Dissent

Associate Justice Antonin Scalia is not happy with the Supreme Court’s holding that Aereo performs, as he makes clear in his acerbic dissent in Aereo. Scalia mocks the Court’s “test-free, ad hoc, case-by-case evaluation,” and he claims that the Court “disregard[s] widely accepted rules for service-provider liability and adopt[s] in their place an improvised standard […]