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 […]

Why Aereo Should Lose and Why it Doesn’t Matter for the Cloud

Cross-posted on the Copyhype blog. With Aereo’s upcoming oral argument before the Supreme Court, I’ve got tens of thousands of tiny antennae on the mind. The novelty—and, of course, the absurdity—of Aereo’s service makes it one of the more interesting copyright puzzles. Most of the issues with Aereo are repetitive of the issues with Cablevision, […]

ReDigi and the Volitional Conduct Element

While much is being written about the Capitol Records v. ReDigi memorandum and order that came out a few days ago, I want to focus on a bit of the opinion that caught my eye that (to my knowledge) no one else has mentioned. The court found that ReDigi—the service provider—had the requisite volitional conduct […]