Streaming company Aereo has long been targeted by the might of Hollywood for its unusual business model, which allows consumers to rent an antenna remotely from the company and watch and record programming. Broadcasters are screaming that this violates the Copyright Act, and have taken their case to the highest court in the land.
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In a petition asking the supreme court to hear their case, the broadcasters are arguing that public performances such as the Superbowl are clearly copyrighted and being stolen by Aereo users.
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From the petition:

“As courts and commentators have recognized, that nonsensical reasoning cannot be reconciled with the plain text of the Copyright Act or Congress’ manifest intent to include retransmission services within the scope of the public-performance right . . . Congress amended the act in technology-neutral terms to reach any retransmission ‘by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.”

Aereo’s opponents believe that previous court rulings upholding the streamer’s business model should be overturned by the Supreme Court. Also from the petition:

“Aereo offers precisely the kind of service Congress sought to prohibit when it revised the Copyright Act to define ‘public performance’ to include retransmissions of over-the-air broadcast transmissions to the public . . . The Second Circuit nevertheless endorsed Aereo’s business model, holding that Aereo’s retransmission of over-the-air TV broadcasts to its paid subscribers is not a public performance because each Aereo subscriber receives an individualized transmission streamed from an individual subscriber-associated digital copy of the broadcast transmission.”

Where do you stand on this fascinating case, Insiders, and where do you think the Supreme Court justices will end up in their opinions?

[via Home Media Magazine]