Aereo: Supreme Court Win for Broadcasters Would Have ‘Chilling’ Consequences

NEW YORK: Aereo has filed its response brief with the Supreme Court, as it awaits its chance to present its case on April 22, with CEO Chet Kanojia saying that if the broadcasters succeed, the consequences to American consumers and the cloud industry are "chilling."

The broadcasters already filed their initial briefing, which argues that Aereo violates copyrights by retrabsmitting broadcast signals without paying to do so, therefore falling under a copyright violation. Aereo maintains that its technology does not infringe on any copyrights, since anyone is allowed to watch broadcast TV for free with an antenna.

“Last December, we decided to not oppose the broadcasters’ petition for certiorari before the United States Supreme Court," said Kanojia. "Today, we filed our response brief setting forth the basis for our steadfast conviction that Aereo’s cloud-based antenna and DVR technology falls squarely within the law. We have every confidence that the Court will validate and preserve a consumer's right to access local over-the-air television using an individual antenna, make a personal recording with a DVR, and watch that recording on a device of their choice.
 
“The broadcasters are asking the court to deny consumers the ability to use the cloud to access a more modern-day television antenna and DVR. They are asking the Court to confine consumers to outdated equipment and limit their access to lawful technology in order to protect a legacy business model, the success of which is built on eliminating consumer choice and competition in the marketplace. Broadcasters should not be able to use the courts or misuse the Copyright Act to drive forward what they believe are their most lucrative business models, at the expense of consumers.
 
“If the broadcasters succeed, the consequences to American consumers and the cloud industry are chilling.
 
“The long-standing landmark Second Circuit decision in Cablevision has served as a crucial underpinning to the cloud computing and cloud storage industry. The broadcasters have made clear they are using Aereo as a proxy to attack Cablevision itself. A decision against Aereo would upend and cripple the entire cloud industry.
 
“Since the beginning of television, consumers have had a fundamental right to watch over-the-air broadcast television using an individual antenna, and they have had the right to record copies for their personal use since the U.S. Supreme Court Sony Betamax decision in 1984. These are rights that should be protected and preserved as they have been for generations.
 
“We look forward to presenting our case to the Supreme Court on April 22 and we have every hope and confidence that the court will continue validate and preserve a consumer's right to use lawful technology innovations like Aereo.”