UPDATE ON AEREO- WHEN LEGISLATORS ARE SO FAR BACK OF THE LINE THEY MISS THE SHIP On Content Theft and License to STEAL…. Oops STELA

9 Aug

One has to wonder why attornies don’t look past the end of their nose or past prior rulings when it comes to preparing cases for court. AEREO is a good example of a fix being in before the case hit the bench.  The consequences of Stealing Intellectual Property and Stealing Cable/Content is a starting point the big time lawyers and Judge looked past when it came to AEREO. Ehow says “Stealing cable is a federal crime and carries considerable consequences such as fines, jail time and potential lawsuits, but that doesn’t stop people from doing it. United States Statute 47 U.S.C. § 553. Unauthorized Reception of Cable Service (last revised in February 2010) prohibits cable being received without charge — unless otherwise authorized by a cable provider. It is therefore illegal to intercept cable from others or use personal cable to make a profit.” http://www.ehow.com/info_8201911_consequences-stealing-cable.html

Each format within which the content is used is of ownership to the Copyright creator to license at their will, under their terms.

NY based AEREO, the cable cord cutting startup, won key court rulings in a broadcasters’ copyright-infringement lawsuit.  AEREO subscribers watch channels live. Television computer signals are converted in to computer data then sent over the Internet to subscribers’ computers and mobile devices. AEREO subscribers  can record their shows with an Internet-based digital video recorder. While Cable is landlocked or homebound, AEREO works outside the home. Users login to AEREO then access live television or programs they recorded from a cloud-based DVR. AEREO hoped to circumvent legal challenges they anticipated would arrive from sharing broadcast signals. AEREO’s strategy for anticipated legal arguments was to argue Users are limited to one micro antenna each without offering an explanation as to how limiting User Antennas would not put AEREO in violation of Copyright Infringement of cable content AEREO was piggybacking on to similar in the way to plugging into a neighbor’s Cable to avoid paying. Accessing a neighbor’s Cable is criminal. Unauthorized interception of cable television service is illegal and a serious problem in the Commonwealth and the United States.  

To understand AEREOs Micro Antenna strategy better, one must understand Cable Access for Unauthorized Use. There is Active and there is Passive cable theft. Passive cable theft is receiving consumer services due to the cable operator services being faulty. Resolution of Passive Cable Theft is an honor system of self reporting to the cable operator. Active cable theft is explained to be an illegal physical connection to a Cable System or modifying equipment to get the service, knowingly and willfully,  without the express authorization of a cable television operator.  

The PLANNED STRATEGY to provide AEREO Users with individual Micro Antennas to access Copyright Content without Authorization is a broad lawsuit against Individuals waiting to happen. Ignorance of the law, in light of NAPSTER downloading suits and other suits against Individuals is no longer excusable by John or Jane Doe Public. Anyone receiving a licensed show will potentially be liable for Infringing Copyrights, sharing and other potential claims Content Owners will be able to pursue along with potentially taking legal action against AEREO and other such similar copycat service providers who will try to hide behind SAFE HARBOR and FAIR USE, of which they are not protected by.

The service started in New York a year ago is warp speeding its $8 a month broadcast television over the Internet service to include Utah, August 19 and Chicago, September 13. Months earlier the service was being rolled out at $12 a month. AEREO expanded to Boston and Atlanta a few months back. The David in battle against the Cable Goliaths is moving to Dallas, September 23, Miami, September 2 and Houston September 16. Lineup includes New York City Mayor Michael Bloombergs financial channel. AEREO comes with over-the-air-content developed by stations.

Lawsuit filed by  WNET, 13, Fox Television Stations Inc, Twentieth Century Fox Film Corporation, WPIX, The Univision Television Group Inc, The Univision Network Limited Partnership, Public Broadcasting Service

http://www.nab.org/documents/newsRoom/pdfs/030112_Aereo_complaint.pdf

Second District of New York Federal Judge Alison Nathan denied broadcasters’ request for a preliminary injunction against AEREO. AEREO argued the requested injunction would put it out of business. Judge Nathan, an OBAMA appointee, ruled “although [the plaintiffs] have demonstrated that they face irreparable harm, they have not demonstrated that the balance of hardships decidedly tips in their favor….. As such, the Court denies Plaintiffs motion for a preliminary injunction.” (http://www.scribd.com/doc/99855807/Aereo-Ruling-Preliminary-Injunction-Denied)

 President Obama nominated Nathan,  March 31, 2011,  to replace Judge Sidney Stein’s seat on the United States District Court for the Southern District of New York. The United States Senate confirmed Nathan in a 48–44 vote on October 13, 2011. Nathan served as a special assistant and as Associate White House Counsel to President Obama from 2009 until 2010. President Obama is committed to a FREE INTERNET.

September 16 2011, Obama said “”We have to do everything we can to encourage the entrepreneurial spirit, wherever we find it. We should be helping American companies compete and sell their products all over the world. We should be making it easier and faster to turn new ideas into new jobs and new businesses. And we should knock down any barriers that stand in the way. Because if we’re going to create jobs now and in the future, we’re going to have to out-build and out-educate and out-innovate every other country on Earth.”  http://www.whitehouse.gov/issues/technology

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