The Future of TV: How Do Networks Plan to Stay Competitive? [telecom]

In case anybody missed it, here's a link to a video from today's PBS Newshour. Host Hari Sreenivasan interviewed Chet Kanojia (CEO of Aereo) and Brian Roberts (CEO of Comcast)

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Kanojia mentioned that Aereo has won two court cases. This is true as far as it goes. Aereo and a similar service called FilmOn X are both embroiled in court cases alleging copyright infringement.

Summary of the three cases now pending:

NEW YORK Plaintiffs v. Aereo District Court (New York Southern) ruled for Aereo. Appeals Court (Second Circuit) upheld 2-1. Appeals Court denied en banc review.

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CALIFORNIA Plaintiffs v. FilmOn X District Court (California Central) ruled for plaintiffs. Appeals Court (Ninth Circuit) pending.

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DISTRICT OF COLUMBIA Plaintiffs v. FilmOn X District Court (District of Columbia) ruled for plaintiffs. District Court judge issued a NATIONWIDE injunction barring FilmOn X from operating anywhere in the United States except for the three states in the jurisdiction of the Second Circuit. This injunction is limited to FilmOn X, but it strengthens plaintiffs' cases against Aereo.

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If the Ninth Circuit upholds the District Court, the decisions of two Courts of Appeals will be in direct conflict. It will be up to the Supreme Court to decide.

Of course, Congress could step in and revise the Copyright Act to address the situation.

Neal McLain

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Neal McLain
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