First cable systems acted exactly in the same way. They would install antenna on a high ground then split and retransmit the signal to paying subscribers. I agree the sling box model does not apply because its an extender of individual service not retransmission for a fee. Best Regards, Mike Tsinberg http://keydigital.com On Oct 14, 2013, at 10:38 AM, "Craig Birkmaier" <craig@xxxxxxxxxxxxx> wrote: > > On Oct 14, 2013, at 10:13 AM, Mark Schubin <tvmark@xxxxxxxxxxxxx> wrote: > >> The Slingbox model is very clearly a personal one: the user's individual >> Slingbox deliver's one stream to the user. >> >> Aereo's claim is that they use individual antennas for each subscriber. >> Every engineer I know believes they use an antenna array that splits the >> signals to all subscribers, making them more like a cable system than like >> Slingbox. >> >> Unfortunately for the broadcasters, they didn't have any of those engineers >> testify in the first trial. Once there's a court decision, it's very tough >> to get appellate courts to consider new basic facts; the appeals process is >> geared towards errors of legal process. > > Clearly Mark has his finger on the key point, but he raises another issue > that the courts may not have considered. Is it the antenna or the tuner that > must be personal? > > Many residential building in NYC have community antennas, perhaps even Mark's > building. One antenna array makes signals available to everyone in the > building. But the residents use their personal TVs/tuners to receive these > broadcasts. I'm not aware of broadcasters every being concerned about this > reality. > > If Aereo uses a master antenna to feed individual tuners, I doubt that there > is a copyright violation. > > Regards > Craig > > > > ---------------------------------------------------------------------- > You can UNSUBSCRIBE from the OpenDTV list in two ways: > > - Using the UNSUBSCRIBE command in your user configuration settings at > FreeLists.org > > - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word > unsubscribe in the subject line. > ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.