By FHH Law, CommLawBlog, April 23, 2014
| So the storm that had been brewing for some months -- the | long-impending Aereo argument in the Supreme Court -- has now come | and gone, and we are left to sift through what remains to try to | figure out what's next. | | We are pleased to report that, as planned, our intrepid reporters | on the Aereo beat, Kevin Goldberg and Harry Cole, attended the | argument (nearly front-row seats, thank you very much) and were | able to provide an overview of the festivities on CommLawBlog Live! | less than three hours after the gavel came down in the courtroom. | (That's just a metaphor -- Chief Justice Roberts did not appear to | wield an actual gavel.) For those of you who missed it, you can | catch a recording of the audio portion here, although you'll miss | the video of Kevin and Harry -- which is, of course, the price you | pay for not signing up for the live presentation.
I watched the webinar that Kevin and Harry steamed yesterday, and took numerous scribbled notes. From my notes:
- Cole stated that Aereo's attorney (David Frederick) was "unbelievably good."
- Attorney Frederick repeatedly claimed that a decision against Aereo would negatively affect "cloud" storage for all other uses. But the DoJ's amicus brief specifically countered this claim. 
- Justices Sotomayor, Breyer, Kagan, and Roberts all asked variations of the same question: "How does Aereo differ from a cable system?"
- The issue of "static" antennas came up a few times: does Aereo assign a specific ("static") antenna to each customer, or does the customer get whatever antenna is available when he/she logs in?
- The Court was narrowly focused on the Second Circuit's 2-1 decision favoring Aereo. There was no mention of the Tenth Circuit's decision (favoring plaintiffs) or the FilmOn X case (enjoined by the DC District Court).
- The questions asked by the members of the court did not indicate any definite positions. In Cole's opinion, "the case is too difficult to call."  The DoJ specifically addressed this claim in its amicus brief: | [The DOJ's position] should not call into question the | legitimacy of businesses that use the Internet to provide | new ways for consumers to store, hear, and view their own | lawfully acquired copies of copyrighted works.
FFH Law cited this issue in a previous post: