Comment Re:Can't use duck test and rational argument (Score 1) 67
As to Aereo, I thought the core issue came down to the public performance threshold. Multicasting is in effect, a public performance, right? Requiring cumpulsory licensing?
If Aereo truly is private performance, bolstered by previously-approved technical measures like remote DVR, I don't get the issue other than the broadcasters aren't getting paid for something they have to give away already.