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Time Warner/CBS battle could set pattern for future retrans deals Read more: Time Wa

Discussion in 'TiVo Coffee House - TiVo Discussion' started by Johncv, Aug 26, 2013.

  1. MeInDallas

    MeInDallas Member

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    It does with a Roku.
     
  2. Johncv

    Johncv Active Member

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    The "other networks" contracts are not up yet, if CBS were force to take one of the two deals then the "other networks" would have to take the same deal with ALL the cables companies.
     
  3. Johncv

    Johncv Active Member

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    Aereo work on Roku? Just how does Aereo? Could it work on a Playstation or XBox, TiVo? :confused:
     
  4. MeInDallas

    MeInDallas Member

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    Go to their webpage https://aereo.com/devices and you can see what it works on. Roku is listed as one of them. Aereo has DVR capabilities somewhat, I think its in the cloud.
     
  5. Dan203

    Dan203 Super Moderator Staff Member TCF Club

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    They could transmit whatever your antenna is tuning as a digital signal to your DVR, like VOD. As long as they packetize it so each user is receiving the digital signal from a unique tuner then it's not being rebroadcast. They could actually do this with all the local channels and say FU to them all. In fact with the courts siding in favor of Aereo the networks should be careful about how greedy they get or the cable companies might actually consider that as a viable option.
     
  6. DaveDFW

    DaveDFW Member

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    Although challenged in the Second Circuit, Aereo's scheme is considered to be noninfringing use for now. However, BarryDriller Content attempted to offer a service substantially similar to Aereo in the Ninth Circuit but could not survive a preliminary injuction.

    Because a circuit split appears to be developing, expect this issue to work its way to the Supreme Court eventually. :)
     
  7. jsmeeker

    jsmeeker Notable Member TCF Club

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    I don't understand how that is not re-broadcasting.


    If I stick up an antenna and tune in CBS, then stream it out to the internet for you to watch, I would be in trouble.
     
  8. DaveDFW

    DaveDFW Member

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    The issue is whether your streaming of the broadcast station is creating a "public performance." If you receive a single broadcast and allowed more than one individual to view a stream of that broadcast, you'd likely be infringing public performance rights in any circuit.

    However, Aereo has a complicated system with thousands of tiny antennas which allows a single received broadcast to remain segregated from any other, from the broadcast's origin at OTA to its destination where it is viewed by a user. This follows the approved remote DVR service litigated in Cartoon Networks LP v. CSC Holdings, Inc., 536 F.3d 121, 123 (2d Cir. 2008), cert. denied, 129 S. Ct. 2890 (2009).

    This argument has not been persuasive in Ninth Circuit courts, so don't expect to see Aereo in California any time soon.
     
  9. Dan203

    Dan203 Super Moderator Staff Member TCF Club

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    Basically Aereo rents everyone their own tiny antenna and only the renter has access to the channel being tuned by that Antenna.
     
  10. jsmeeker

    jsmeeker Notable Member TCF Club

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    that's what they say. I wonder how it actually works.
     
  11. Dan203

    Dan203 Super Moderator Staff Member TCF Club

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    I think it's similar to that cloud based DVR that recently wont in court to. As long as they can prove that each user is accessing a unique tuner they're not rebroadcasting. They're simply storing the hardware offsite. It's sort of a legal loophole.

    I'm sure it'll be years before all this is hashed out in court, but if the networks keep screwing with the big MSOs they may put their weight behind the legal fight and push it through faster. And if it works out then the networks may lose out on that $1.76B they're getting now from the cable companies. So they should probably tread lightly.
     
  12. jsmeeker

    jsmeeker Notable Member TCF Club

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    But if they have to stream it to me on the internet, how is that not rebroadcasting? That's the part I don't get. Even if there really is this alleged dedicated antenna for me, there is NOT a dedicated pathway for that antenna signal to get to me. It's just out over the internet, mixed in with everything else.

    If they can do this, then I should be able to record something, then give JUST YOU access to it off of some server I setup in my bedroom. I can't imagine that would be legal.
     
  13. Dan203

    Dan203 Super Moderator Staff Member TCF Club

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    Just because the packets are flowing over the public internet doesn't mean they're not dedicated to you. That's how TCP/IP works. Every packet is keyed with the target IP address. So only you will receive that packet and be able to decode it. So essentially it is a dedicated pathway to you.

    As long as they're not transmitting the same data to multiple people simultaneously then they're not rebroadcasting. They're simply offering you remote access to a rented antenna. Really this is no different then a Slingbox if you think about it.
     
  14. jsmeeker

    jsmeeker Notable Member TCF Club

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    But the sling box is something I own and buy and install to my own entertainment system. It's not quite exactly the same thing.
     
  15. Dan203

    Dan203 Super Moderator Staff Member TCF Club

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    Not exactly, but it's similar. The only difference is that with Aereo you don't own the antenna, you're leasing it instead. But you, and only you, have access to your specific antenna/tuner and the data from that antenna/tuner is sent only to your devices. The data from that specific antenna/tuner combo is never duplicated or sent to anyone else.
     
  16. DaveDFW

    DaveDFW Member

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    But the court considered this and concluded that Aereo's system was sufficiently similar to the noninfringing remote DVR in Cablevision:

    "As in Cablevision, the functionality of Aereo's system from the user's perspective substantially mirrors that available using devices such as a DVR or Slingbox, which allow users to access free, over-the-air broadcast television on mobile internet devices of their choosing. To the extent that the Second Circuit's holding in Cablevision was premised on an inability to distinguish Cablevision's system from otherwise lawful activities, Aereo's system deserves the same consideration."

    Also, don't get caught up on the word "rebroadcast" because the discussion of infringement doesn't hinge on that. The issue is whether a particular transmission constitutes a "public performance."
     
  17. jsmeeker

    jsmeeker Notable Member TCF Club

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    I'm still skeptical that this is actually legal. And if it really is, I think it will be made illegal.
     
  18. marrone

    marrone Phased Member

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    It's not a public rebroadcast. It's a private transmission from your (rented) antenna to your PC. Sounds exactly like a slingbox.

    I wonder what kind of uplink bandwidth Aereo has. That's a LOT of data if everyone has their own private stream (admittedly, only when they're connected).

    -Mike
     
  19. tenthplanet

    tenthplanet Member

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    It also sounds expensive. Which is why they are doomed, I don't think there is enough money in long run to make this profitable.
     
  20. Dan203

    Dan203 Super Moderator Staff Member TCF Club

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    The bandwidth would be the same even if everyone was sharing the same antenna. Everyone would still get a unique copy of the stream. This is really no different then a service like Netflix or Amazon.
     

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