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 […]

Applying Aereo: Dish’s Hopper with Sling

This is the second post in my “Applying Aereo” series. In the first post, I walked through the Supreme Court’s reasoning step-by-step. In this second installment, I’ll apply the holding of Aereo to Dish’s Hopper with Sling, and I’ll explain why I think Fox should lose on its new public performance claim against Dish. While […]

Applying Aereo: The Supreme Court’s Reasoning

Since there’s been a lot of concern about how Aereo applies to other services, I thought I’d offer a pair of posts looking at the majority’s reasoning in Aereo and then applying it to a concrete issue that is currently being litigated. In this first post, I’ll walk through the Aereo majority’s thinking step-by-step, adding […]