Aereo’s hopes hang in the cloud

I wasn’t at the Supreme Court this morning for the oral arguments in the Aereo case. But based on the after-action tweets and initial write-ups it seems to have gone more or less as I expected. The justices by and large seemed comfortable with ruling that Aereo infringes the broadcasters’ public performance rights but were groping for a way to craft an opinion that does not effectively outlaw cloud computing or disturb the result of Cablevision.

If someone can craft an opinion that separates Aereo from the cloud neatly enough it will get a majority. If the court can’t find a way to separate them, Aereo just might pull out a win. For all the sturm und drung the case unleashed it could all come down to a matter of legal draftsmanship more than legal reasoning.

 

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Paul Sweeting

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