[opendtv] Re: Rules which applied to CATV systems in the past
- From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
- To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 2 Jul 2014 06:36:02 -0400
It tend to agree. But that is not going to stop them from trying.
Regards
Craig
http://www.technologytell.com/entertainment/46777/aereo-defeat-hopper-next-go/
After Aereo defeat, is Dish’s Hopper next?
The series of lawsuits between the TV networks and Dish, over the
commercial-skipping Hopper technology, has been going on for longer than the
Aereo battle did. And while the Dish case isn’t headed for the Supreme Court
anytime soon, Fox is seeking to use the Aereo ruling as precedent in the Hopper
case.After last week’s U.S. Supreme Court ruling that all but killed
antenna-based cloud platform Aereo, what of that other big legal battle pitting
the nation’s TV networks against a television-based consumer technology product?
The 9th US Circuit Court of Appeals will hear Fox’s case against Dish next
month, and Fox’s lawyer has written to the 9th circuit stating that the Aereo
case shows that the Hopper should be shut down too. The argument (via Ars
Technica):
In Aereo, the Supreme Court held that Aereo’s unauthorized retransmission of
Fox’s television programming over the Internet constitutes an unauthorized
public performance of Fox’s copyrighted works. Dish, which engages in virtually
identical conduct when it streams Fox’s programming to Dish subscribers over
the Internet—albeit also in violation of an express contractual prohibition—has
repeatedly raised the same defenses as Aereo which have now been rejected by
the Supreme Court. Among other things, the Supreme Court rejected Aereo’s
argument… that it is merely an equipment provider and that Aereo’s subscribers
were the ones transmitting content over the Internet to themselves.
Dish wrote to the court that the Aereo case is not analogous, in part, because
Dish, unlike Aereo, pays retransmission fees to the networks.
The 9th circuit will hear the Dish/Fox case July 7.
Regards
Craig
> On Jul 1, 2014, at 6:31 PM, "John Shutt" <dmarc-noreply@xxxxxxxxxxxxx>
> (Redacted sender "shuttj@xxxxxxxxx" for DMARC) wrote:
>
>
>> Several analysts have noted that the next steep for the broadcasters is to
>> try to shut down the Dish Hopper and technologies like Slingbox that allow
>> individuals to use the Internet to watch “private performances” outside the
>> home.
>>
>> Regards
>> Craig
>
>
> It will never happen, in my opinion. The Hopper, Slingbox, and from what I
> understand it to be, Smart.TV are covered under the Sony VCR ruling. A
> private individual using their own equipment to watch a stream originating
> from their physical residence.
>
> Regards,
>
> John
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