[opendtv] Re: Broadcasters Ask Supreme Court to Intervene Over Aereo

  • From: Mike Tsinberg <Mike@xxxxxxxxxxxxxx>
  • To: "<opendtv@xxxxxxxxxxxxx>" <opendtv@xxxxxxxxxxxxx>
  • Date: Mon, 14 Oct 2013 15:34:52 +0000

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
> 
> 
> 
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