Hearst-owned ABC affiliate in Boston, has filed suit against Aereo for
copyright infringement. Aereo is the start-up that’s redistributing broadcast
television signals to mobile devices without the consent of broadcasters.
Several in New York have already sued the company in that city.
Boston became Aereo’s second market on May 15. Aereo is delivering 28 channels
in the market, including the local PBS, CBS, ABC, NBC, CW, Fox, ION, Univision
and Telemundo affiliates, for $8 to $12 a month with 20-40 hours of cloud-based
Atlanta, a third market, remains in beta, (though expected to launch
commercially any day). Chicago is on deck for the fall, with several more
metropolitan areas slated for launch later this year. Aereo’s founders,
including its backer, Barry Diller, contend that the service is not subject to copyright
requirements a la
consent law because of its technology.
Copyright, and thus retransmission, is based on a public performance comprising
one-to-many. In this way, a cable or satellite TV provider takes a broadcast
signal and redistributes it to multiple subscribers. Aereo claims to be renting
tiny individual antennas to individual subscribers, making the delivery method
akin to a private performance and thereby not in violation of copyright law.
“Aereo has no right, under any license or statue, to retransmit WCVB’s
copyrighted programming,” the station’s filing states. “Other companies, such
as cable, satellite and other telecommunications distributors obtain the consent
of WCVB and pay WCVB to retransmit WCVB’s
signal containing its programming. Aereo, by contrast, retransmits that same
programming to its paying subscribers without permission from WCVB, in clear
violation of federal and state law.”
Radio frequency engineers have questioned Aereo’s technical methodology, which
is the basis of its claims that it is not violating broadcaster copyrights. The
tiny antennas, however, have not been subject to federal or third-party testing.
WCVB’s suit also notes that Aereo is technologically altering the station’s
signal for delivery to smartphones and tablets, which do not decode ATSC
digital television signals. Altering the signal is, of itself, a copyright
violation in that altering content creates a “derivative” work.
“Such a creation of derivatives works from WCVB’s audiovisual works constitutes
infringement of WCVB’s exclusive rights under copyright law,” the suit states.
WCVB has asked the court for an injunction and a finding of copyright
violation. Injunctions have been denied both in the federal district and
appeals courts in the New York case, which now awaits the copyright decision.
The Boston lawsuit coincides with Aereo’s launch through a third-party software
maker, MediaMall Technologies, which is incorporating Aereo’s app in its PlayOn
platform. PlayOn will provides Aereo access to a variety of gaming consoles and
July 9, 2013:
Launches on PlayOn Software
Technologies said Tuesday that its PlayOn software will now make Aereo local TV
channels accessible to Aereo TV users on select gaming consoles, set-top boxes
and Android devices. ~ from TWICE
June 28, 2013:
who has taken antennae 101 knows that tiny pieces of metal separated by tiny
distances act as one piece of metal.”
April 23, 2013:
to Launch in Boston May 30
Beginning May 15, consumers who have pre-registered with the service will
receive a special invitation to receive the service. After May 30, Aereo
will make membership available to all eligible consumers across the Boston
designated market area, which includes more than 4.5 million people in 16
counties in Massachusetts, New Hampshire and Vermont. Boston is the
second city to launch as part of Aereo’s expansion announced in January.