What a strange thing! I guess I am allowed to time-shift broadcast TV, and I am allowed to space-shift broadcast TV. I can rent an antenna, and I can rent a VCR (PVR).
I cannot retransmit (time or space shifted or not) a broadcast to other parties (which is the difference here CATV rebroadcast to all CATV clients).
Now I have to read the arguments! About the only thing left is having an agent do the time or space shifting for me! And, of course, I can't really figure out is why the AGENT is in court for this. If my neighbour asks me to rent her some roofspace and rent her an antenna AND a VCR and then asks me to record a TV show... for which I may charge a bit for the service. And the TV network comes after someone, why would that be me? I would be inclined to laugh.
I think my lawyer would have a good laugh too. We refer you to the reply given in the case of Arkell v. Pressdram.
I guess I am not allowed to sell my labour freely in the USA. Now I REALLY have to follow this. I am personally guilty of renting antennas, and PVR (equivalent) to provide people with recordings. I never pressed a "record" button -- my customer went on-line to a web page and selected the recording themselves (using MythTV 10 years ago). I would deliver the recorded program(s) via disk drives or flash drives.
After all, if I have multiple tuners and I am not using them all, why CAN'T I RENT THEM OUT.
The only problem would have been an event like the "Superbowl" where I would have needed to have ALL my tuners capturing the same content. Instead of being efficient, you know, and sharing... Because WHERE the bits come from is important in Copyright law. See http://ansuz.sooke.bc.ca/entry...
As long as Aereo uses an antenna and receiver PER USER, the bits should be the right colour. And subject to the users rights. Including time and space shifting. Aereo wouldn't be rebroadcasting. IF Aereo IS IN THE WRONG then the question is why. As far as I can tell, they are not even being an agent for the user. They are simply renting an antenna and receiver. The actual Copyright material is NOT being shared, from Aereo's perspective. And yes, cloud storage would be at risk. For example, I quite enjoy using Kobo. I may purchase a book from Kobo WHICH IS Copyrighted. Of course. I then download to my reading device. The bits have the right colour at Kobo's end, and they have the right colour at my end. I should be able to do with those bits ANYTHING that Copyright law permits me to. And I do. There is no DRM in OTA broadcast, and typically there is DRM in Kobo electronic books. If *I* turn around and share the book, Kobo wouldn't be legally liable. The author would come after me for that. So why is Aereo being attacked here?
If the bits are simply coloured "copyrighted" and it IS authorized to the user, what else should Aereo do? Simply, Kobo is selling access to authorized bits as well, and would be AT THE SAME RISK. And, it goes deeper. Since Copyright is automatically assigned on creation, you would have NO IDEA what is ok to look at, here or touch.
Colour me completely confused.