The Hill
High court to decide fate of renegade television service
By Julian Hattem

The Supreme Court is primed to make a decision on copyright law that could change the way people receive broadcast television.

Broadcasters are fighting to stop the tech service Aereo, arguing it operates illegally and undermines their business. They say allowing the service to continue could spell the end of free, over-the-air broadcast television.

For a monthly fee, the Barry Diller-backed company lets users watch broadcast channels such as ABC, CBS and NBC on their computers, tablets or other devices. Instead of requiring an antenna in homes, the company manages a field of miniature devices to send signals over the web.

Aereo CEO Chet Kanojia said the service is revolutionizing the way people watch TV.

“It is the starting point for a fantastic outcome, which is a real consumer alternative and choice in an open, online platform,” he told The Hill.

Broadcast companies think differently. They say that the service is violating copyright law by grabbing their channels, sending them to consumers and turning a profit without paying licenses or fees.

“Aereo has built a business out of retransmitting broadcast television to members of the public without seeking authorization from or paying compensation to copyright holders,” broadcasters said in a brief filed with the Supreme Court.

“That is precisely the kind of unauthorized exploitation of copyrighted content that Congress enacted the transmit clause to prevent.”

The nine justices on the Supreme Court will hear arguments in the case on Tuesday. The debate will focus on whether Aereo’s service amounts to a “public performance,” which would make it a violation of the 1976 Copyright Act.

The law can be vague even to experts, and has grown more difficult to interpret thanks to changing technology.

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