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Deadline’s Best TV Stories Of The Week

By | Sunday April 27, 2014 @ 8:22pm PDT

Read up on Deadline’s top TV stories of the week:

houseofcards__130207005839-200x257__130413002815__140328144138Deal Reached To Film ‘House Of Cards’ Season 3 In Maryland After All
By Dominic Patten
In the end, they struck a tax credit deal that probably would have made Frank Underwood proud. Today Maryland Gov. Martin O’Malley and House Of Cards producers Media Rights Capital announced they have found a way to keep the Netflix series in the state for its upcoming third season.

PILOTS 2014: The Latest Buzz
By Nellie Andreeva
We’ve reached the point when the fate of pilots is out of the hands of their creators and into the hands of network executives. In the next two weeks, the execs will rely on testings, internal screenings and (occasionally) their gut to pick a couple of dozen pilots that will join the schedule next season.

Columbus ShortColumbus Short Leaving ABC’s ‘Scandal’
By Nellie Andreeva
Scandal co-star Columbus Short won’t be returning to the ABC drama next season after his option was not picked up.

Fox Developing Event Series About Jesus’ Formative Years From Bob Cooper & EOne
By Nellie Andreeva
With popularity of Bible-themed projects showing no signs of subsiding, Fox has put in development Nazareth, an event series written/executive produced by David Franzoni (Gladiator) and executive produced by Bob Cooper. Read More »

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Deadline Big Media 82: The FCC Aereo HBO Amazon Podcast

By and | Friday April 25, 2014 @ 5:38pm PDT

Deadline Big Media ep 82In this week’s podcast, Deadline Executive Editor David Lieberman and host David Bloom catch up on several big developments in the fast-changing business of video delivery. The two Davids talk everything from the controversy over the FCC’s latest net-neutrality proposals to what the Supreme Court oral arguments on Aereo suggest about a coming decision and a potentially very big content deal between HBO and Amazon that Apple downplayed. They also check in on the latest in Time Warner Cable’s efforts to push its Los Angeles Dodgers channel, and Netflix’s possible price hike for newcomers after another big quarter.

Deadline Big Media podcast 82 (.MP3 version)
Deadline Big Media podcast 82 (.M4A version)

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Supreme Court Watchers Examine Justices’ Comments For Insights Into What They’ll Do With Aereo

By | Tuesday April 22, 2014 @ 2:45pm PDT

Aereo-badge__140414141457__140417214420This is a risky exercise. Jurists often like to play devil’s advocate when they question lawyers in open court. But the comments that Supreme Court justices made today in the hearing pitting Aereo against broadcasters likely will provide the only clues about what investors and others should expect ahead of a ruling expected in June. Guggenheim analyst Paul Gallant says he senses that “a majority of Justices would shut down Aereo if there were no potential implications on cloud storage.” But if that’s an open question, then “our guess is that the Court will find some way to thread the needle and say that Aereo is inconsistent with the 1976 Copyright Act, or send the case back to the lower courts with some negative (but not conclusive) commentary toward Aereo.”

Related: Aereo Case Reactions: Did CBS Shares Fall In Response To Supreme Court’s Questions?

The basic debate: Aereo says it’s merely a technology provider that enables subscribers to privately exercise their right to view signals from the free, public airwaves. Broadcasters counter that Aereo steals their content by packaging and reselling programming to the public without paying.

Related: The ABCs Of Aereo: What Is Aereo And Why Are Broadcasters Taking It To The Supreme Court?

NY Supreme CourtHere are a few of the more interesting comments from the jurists as they prodded lawyers about the key arguments:

Justice Sonia Sotomayor: Why aren’t they [Aereo] cable companies?… I’m looking at the – everybody’s been arguing this case as if for sure they’re not. But I look at the definition of a cable company, and it seems to fit. …

Justice Elena Kagan: If Aereo has the hardware in its warehouse as opposed to Aereo selling the hardware to the particular end user, that is going to make all the difference in the world as to whether we have a public performance or not a public performance.

Chief Justice John Roberts: You can park your car in your own garage or you can park it in a public garage. You can go to RadioShack and buy an antenna and a DVR or you can rent those facilities somewhere else from Aereo. They’ve – they’ve got an antenna. They’ll let you use it when you need it and they can, you know, record the stuff as well and let you pick it up when you need it.

Related: Chief Justice Slams Aereo At Supreme Court Hearing

Read More »

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Aereo Case Reactions: Did CBS Shares Fall In Response To Supreme Court’s Questions?

By | Tuesday April 22, 2014 @ 11:00am PDT

CBS stockUPDATED: CBS investors apparently became more comfortable with the Aereo news from the Supreme Court as the afternoon wore on. The broadcasters’ shares edged back into positive territory, closing +0.1%, and narrowed the striking gap with the S&P 500 that opened right around the time justices began questioning lawyers in the case. 

PREVIOUS, 11:00 AM: Can’t say for sure, but the timing leads me to think that there’s a connection. CBS has the most at stake in the Aereo case among Big Media companies because it’s so dependent on broadcasting — including retransmission consent fees which, in theory, could be jeopardized if the streaming service can tap cbs-logo__120711164808__121116195436__130108233101__130716162250__130926192712__131121001522over-the-air transmissions without payment. CBS was up about 0.8% this morning, in line with the benchmark Standard & Poor’s 500, until shortly after noon ET — during the court’s questioning period — when it fell sharply to -0.8% without a corresponding change in the S&P. Shares have begun to creep back up, but are still -0.2% in afternoon trading. This should be a good day for the broadcaster: This morning Morgan Stanley’s Benjamin Swinburne reiterated a “buy” recommendation for CBS, saying that even a loss at the Supreme Court would have “no impact” on existing retransmission consent deals. The analyst added that a loss also “likely leads to a legislative response in ’15 ultimately confirming the networks’ ability to … Read More »

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Chief Justice Slams Aereo At Supreme Court Hearing

By | Tuesday April 22, 2014 @ 10:00am PDT

Aereo Supreme Court HearingIf you thought that the legal dispute between Aereo and the broadcasters was combative, it paled compared with today’s one-hour hearing at the Supreme Court. In oral arguments before the nine Justices, both sides took some heavy blows, but the Barry Diller-backed streaming service definitely took one to the jaw from Chief Justice John Roberts. “Your technological model is based solely on circumventing legal prohibitions that you don’t want to comply with,” Roberts told Aereo attorney David Frederick during the presentation before a packed chamber. “There’s no reason for you to have 10,000 dime-sized antennas except to get around the Copyright Act,” he said. Added Justice Ruth Bader Ginsburg: ”You are the only player so far that pays no royalties whatsoever.”

Coming after arguments from the broadcasters by former Solicitor General Paul Clement and current Deputy Solicitor General Malcolm Stewart, Frederick started off his presentation by saying “this is a reproduction rights issue masquerading as a public performance case.” The Justices didn’t seem to buy it.

Related: The ABCs Of Aereo: What Is Aereo And Why Are Broadcasters Taking It To The Supreme Court?

supremecourt__121107013841__140419194659Despite Roberts’ comments, Justices Sonia Sotomayor and Stephen Breyer were by far the most inquisitive during the presentation with concerns over cloud computing taking up almost as much time as the copyright issue at the heart of the lawsuit filed by an armada of Big Media companies — including CBS, Disney, Fox, and Comcast’s NBCUniversal — as well as the federal government. “I don’t understand if the decision I write for or against you will affect other technologies,” Breyer told Frederick. ”It’s not your problem — but it might be,” Breyer deadpanned to a big laugh from the courtroom.

SCOTUSSummary“I think the cloud was the winner today,” MPAA boss Christopher Dodd said after the hearing. “But I think the Justices see Aereo as gimmicky and want to address that.” Dodd’s comments mirrored remarks made by Clement during the presentation.

Related: Aereo Case Reactions: Did CBS Shares Fall In Response To Supreme Court’s Questions?

During Clement’s three-minute rebuttal at the end of the hearing, Sotomayor directly asked the lawyer about the consequences of a potential ruling. “If it’s just a gimmick, then they deserve to go out of business and no one should shed a tear,” Clement said of Aereo’s prospects should it lose at the high court. The lawyer added that if Aereo’s technology was innovative, it would persevere in one form or another regardless.

Said Frederick in a statement after the presentation: “We’re confident, cautiously optimistic, based on the way the hearing went today that the Court understood that a person watching over-the-air broadcast television in his or her home is engaging in a private performance and not a public performance that would implicate the Copyright Act.”

Originally scheduled to start at 11 AM ET, today’s hearing was pushed back 30 minutes because of readings of other opinions from the bench. In the sundrenched chamber with its strategically lit red velvet drapes and engraved marble walls, almost all of the nine Justices asked questions from their high-backed chairs. As is common, the only Justice not to ask a question was Clarence Thomas, though he did take time during the presentation to whisper asides to Justice Antonin Scalia.

The court likely will rule by late June. Read More »

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Aereo Supreme Court Preview With Dominic Patten: Podcast

By and | Monday April 21, 2014 @ 12:05pm PDT

Aereo badgeWill the Supreme Court back upstart tech company Aereo in its bid to short-cut broadcasters with a service that provides an Internet connection to over-the-air TV signals? Deadline Legal Editor Dominic Patten is headed to Washington D.C. to cover tomorrow’s oral arguments before the Court. Here’s a quick primer on the legal aspects of the case and what to look for ahead of the court’s final decision, which is expected by July. (Please note that in the time since this podcast was recorded, the Supreme Court has agreed to allow the U.S. Solicitor General to join in the oral arguments on behalf of the broadcasters.) For a view on the potential business-side impacts of the case, make sure to listen to Deadline Executive Editor David Lieberman in his weekly Deadline Big Media podcast from Friday, where he and David Bloom look at whether the Aereo decision will upset the broadcast apple cart should Aereo win. Also, Lieberman and Patten collaborated on a series of stories this past week looking at “The ABCs of the Aereo Case,” beginning with this piece explaining what Aereo is.

Dominic Patten Aereo Legal Preview Podcast (.MP3 version)
Dominic Patten Aereo Legal Preview Podcast (.M4A version)

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UPDATE: Supreme Court Allows Feds To Argue In Aereo Case Next Week

By | Saturday April 19, 2014 @ 12:48pm PDT

DJP LEGAL BADGEUPDATE, 12:48 PM: Looks like three isn’t a crowd for the Supreme Court when it comes Aereo-logo__130126232434-200x206__131008001115__131212200214__140110201424__140211193750to the upcoming Aereo hearing. The high court has decided to let the Solicitor General’s office participate in the one-hour oral arguments session between Aereo and the broadcasters Tuesday in Washington D.C. “Motion of the Deputy Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED,” said the SCOTUS yesterday. The granting of the motion comes more than a month and a half after the federal government’s top legal office filed a brief supporting the broadcasters in their showdown with the Barry Diller-backed streaming service. That was followed by the Solicitor General’s office requesting the time to directly make its points. The broadcasters have given the federal lawyers 10 minutes of their time. Though the broadcasters have a couple of former Solicitors General on their team, the current Solicitor General will not be involved; before he took his present post, Donald Verrilli Jr. argued Hollywood copyright cases before the SCOTUS and hence has recused himself. The likely candidate will be Deputy Solicitor General Edwin Kneedler, who submitted the March 13 motion. Read More »

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Deadline Big Media 81: Previewing The Aereo Arguments

By and | Friday April 18, 2014 @ 3:43pm PDT

Deadline Big Media ep 81In this week’s podcast, Deadline Executive Editor David Lieberman and host David Bloom preview what could be a very big day in the history of broadcasting and technology, as the Supreme Court hears legal arguments Monday about Aereo and its business model. The Davids talk about what’s at stake and how it might play out, where broadcasters might go if they lose and whether a win will turn the broadcasting business upside down. They also look over that very messy, and pricey Disney acquisition of online video powerhouse Maker Studios, and examine why ESPN, pay-TV’s most valuable brand, felt compelled to pitch investors that it’s just fine despite competition, cord-cutting and other existential challenges.

Listen to the podcast in your choice of audio formats here:
Deadline Big Media podcast 81 (.MP3 version)
Deadline Big Media podcast 81 (.M4A version)
Read More »

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The ABCs Of Aereo: Future of TV & Internet At Stake In Battle With Broadcasters, Says Aereo CEO Chet Kanojia

Editors Note: This is the last of three Deadline posts that lay out the issues in the Aereo case, which Deadline Legal Editor Dominic Patten will cover from the Supreme Court next week. Today: An interview with Aereo CEO Chet Kanojia.

Previous ABCs Of Aereo Reports:
What Is Aereo And Why Are Broadcasters Taking It To Supreme Court?
Aereo Wants “Something For Nothing”, Former U.S. Lawyer Says

Aereo Supreme CourtBroadcasters challenged Aereo‘s legality almost from the moment in early 2012 when it launched in NYC. It is a David and Goliath contest: the tiny, Barry Diller-backed streaming service defending itself against attacks from CBS, Disney, Fox, and Comcast’s NBCUniversal among other companies as well as the federal government’s Office of the Solicitor General. The plaintiffs say Aereo steals their property by selling their over-the-air programming without paying them. They liken it to a cable or satellite distributor and say that it packages channels and then redistributes them — in legal terms creating a public performance that, since it isn’t authorized by the broadcasters, violates the “transmit clause” of the Copyright Act of 1976. But Bloomberg Panel & Reception - 2012 Tribeca Film FestivalAereo CEO and founder Chet Kanojia says there’s no violation. He simply leases to consumers the antennas and technologies they need to privately exercise their right to watch broadcast signals for free. He sees next week’s Supreme Court hearing as a fight for his company, as well as a struggle to protect public control of the airwaves, and consumers’ ability to harness the power of the Internet.

DEADLINE: Barry Diller has said that if you guys lose at the Supreme Court, it’s basically game over. Are you turning off the lights if the Supreme Court rules against you?
KANOJIA: It’s going to depend on what the nature of the scope of the conclusions from the Supreme Court happens to be. If it’s a straight up, wipeout loss — and the Supreme Court shows the 2nd Circuit’s analysis of the transmit laws and, as a result, the idea was private performance is incorrect — then it will be very difficult for Aereo to be in business. For us, along with a lot of other companies that buy DVRs or cloud solutions, it will be a very difficult climate for sure. One result may very well be that we cease to operate.

Related: Barry Diller Says Aereo WIll Be “Finished” If It Loses Supreme Court Case: Video

DEADLINE: What if it goes in your favor?
KANOJIA: It’ll mean business as usual for everybody. I think the broadcasters will continue to grow and succeed. I think Aereo will continue to sell to consumers who don’t consume broadcast TV from cable or satellite but use antennas or are not part of the system. Then I think overall the pie will continue to grow.

DEADLINE: What do you think the broadcasters will do if they lose?
KANOJIA: Oh, they’re going to come back for a Round 2. They may go to Congress. The strategy of this industry is, “Let’s litigate, legislate. And if you can’t figure that out, then see how to make money from basic knowledge.” Read More »

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The ABCs Of Aereo: Streaming Service Wants “Something For Nothing”, Former Top Federal Lawyer Says

By and | Thursday April 17, 2014 @ 9:31am PDT

Editors Note: This is the second of three Deadline posts that lay out the issues in the Aereo case, which Deadline Legal Editor Dominic Patten will cover from the Supreme Court next week. Today: An interview with former Acting Solicitor General Neal Katyal, who is serving as an adviser to the broadcasters in their case against the streaming service. 

Related: The ABCs Of Aereo: What Is Aereo And Why Are Broadcasters Taking It To The Supreme Court?

On April 22, Aereo and major broadcastersAereo case will have their day in the Supreme Court. Broadcasters will say Aereo is stealing their copyrighted material, end of story. The Barry Diller-backed streaming service that launched in early 2012 will say it merely rents antennas to consumers so they can watch TV that’s already available for free over the public airwaves. Both sides will be represented by lawyers who know the Supreme Court well. David Frederick of D.C. firm Kellog Huber Hansen Todd Evans & Figel LLP has more than 40 SCOTUS appearances notched on his belt and will handle defendant Aereo’s arguments. Former Solicitor General Paul Clement, who has argued more 70 cases before the high court, will represent Disney, CBS, NBCUniversal, Fox and the other plaintiffs. He will have a half hour to make his points, unless the Justices give 10 minutes to the current Solicitor General’s office to argue on behalf of the plaintiffs.

Here’s the broadcasters’ argument from Neal Katyal, now a partner at international firm Hogan Lovells, who was picked by President Obama to serve as Acting Solicitor General from May 2010-June 9, 2011.

Senate Armed Services Committee Holds Hearing On Enemy CombatantsDEADLINE: So, let’s cut to the chase — what is this case really about?
KATYAL: I certainly think that streaming of the broadcasters’ signals is retransmission and blatantly violates the Copyright Law. Our case is can a company come along and yank broadcast signals out of the air and then package them and sell them to individual subscribers for a fee when the producers of that content aren’t compensated for it? The networks each year spend billions of dollars creating, producing, acquiring and distributing and marketing their content. Aereo is yanking the signals out of the air and selling them to people. So that’s what the case is about.

Related: Aereo Slammed One Last Time By Broadcasters Before SCOTUS Hearing

DEADLINE: Aereo would say that it complies with the Copyright Act and that broadcasters are trying to stem the use of innovative technology and stop the future from happening.
KATYAL: I think this idea that Aereo has some innovative new technology is an absolute red herring. The only thing innovative about Aereo is its legal strategy. It’s not people capturing the signal, its Aereo capturing the signal through antenna and then selling it to the entire American public and it’s Aereo who’s violating the Copyright Law by doing that. What Aereo is doing is grabbing the broadcasters’ signal from the air and then they’re retransmitting it. In 1976 Congress expressly said any device or process that retransmits a broadcast signal without the copyright holder’s permission is unlawful. So to me this is one of the easiest cases the Supreme Court is going to decide this year because it’s something that Congress settled. There maybe a number of interesting policy arguments about how we should have a different Copyright Law, but with respect to the Copyright Law we do have, it’s a very hard argument for Aereo. Read More »

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Aereo Slammed One Last Time By Broadcasters Before SCOTUS Hearing

By | Wednesday April 16, 2014 @ 5:22pm PDT

DJP LEGAL BADGEWith just days to go before they meet their Aereo foes face-to-face at the Supreme Court, the broadcasters this week took one last swipe at what they claim is the “blatant and unapologetic copyright infringement” by the Barry Diller-backed streaming service. “Aereo is in the business of retransmitting performances of the copyrighted works of others to the public for a profit,” said Aereo-logo__130126232434-200x206__130401161322__130529202533__130710203958__130809171259__130826231936__130910172430__131010150034bluntly in a final reply brief filed by Disney, CBS, NBC, Fox and the other plaintiffs on April 14 with the SCOTUS (read it here). Aereo and the broadcasters are set to present their respective oral arguments in a 1-hour hearing before the High Court on April 22. In their March 26 response to the broadcasters’ February 24 filing, Aereo insisted that they are not engaged in public performance of copyrighted works. The company also said “this Court should not rewrite the Copyright Act in an effort to protect petitioners from lawful and logical advancements in technology or from the economic consequences of their transmitting works for free over the public airwaves.”

Related: The ABCs Of Aereo: What Is Aereo & Why Are Broadcasters Taking It To The Supreme Court?

With the previously recused Judge Samuel Alito now joining the case the court docket revealed today, the stakes have gotten higher for all concerned, as it is impossible for the SCOTUS to have a tie on … Read More »

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The ABCs Of Aereo: What Is Aereo And Why Are Broadcasters Taking It To The Supreme Court?

By and | Wednesday April 16, 2014 @ 10:01am PDT

Editors Note: The first of three Deadline posts that lay out the issues in the Aereo case, which Deadline Legal Editor Dominic Patten will cover from the Supreme Court next week. Today: A primer about Aereo and what’s at stake in the dispute with broadcasters.

U.S. Supreme Court justices are so mistrustful of technology that they bar TV cameras from their proceedings and require visitors to check their smartphones at the door.What Is Aereo But on April 22 they will take an hour to hear arguments in a case that could re-shape television and the Internet. All of the major broadcast companies are challenging the legality of an upstart streaming service: Aereo, a company backed by IAC chief Barry Diller that began to sign up subscribers in New York City in February 2012. The issues both sides will raise are complicated. But the controversy boils down to an important question: What rights do broadcasters and citizens have to content on the publicly owned airwaves?

Related: It’s On! – Supreme Court Agrees To Hear Aereo Case

Q: How does Aereo work?
A: Subscribers in the cities Aereo serves pay a minimum of $8 a month. That gives them exclusive access to one of its thousands of dime-sized antennas that pick up free, local, over-the-air broadcasts. The company then streams the live programming in the same local market to subscribers’ Web-connected TVs, computers, or mobile devices.

Aereo info graphic

Q: Does it just stream live TV?
A: Aereo also offers a remote storage DVR. Just like with a home DVR, each customer can choose programs to record, and then watch later with the same fast-forward and rewind capabilities. The difference is that the digital files are kept on Aereo’s servers, not on a hard drive in the home. Those who pay $8 per month get 20 hours of DVR storage each month and access to one antenna, while those paying $12 get 60 hours and access to two antennas.

Aereo mapQ: Where can people subscribe?
A: Aereo began in New York, and now also is available in Boston, Atlanta, Detroit, Cincinnati, Baltimore, Dallas, Austin, Houston, Miami, and San Antonio. It plans to launch in cities including Washington, DC, Philadelphia, Pittsburgh, Cleveland, Chicago, Indianapolis, Minneapolis, and Kansas City.

Q: Why does that bother broadcasters?
A: Aereo doesn’t pay local TV stations when it streams their programming. Broadcasters say that infringes on their copyrights. Read More »

Comments 35

Aereo Says Its Service Will Be Ready For Google’s Chromecast On May 29

By | Thursday April 10, 2014 @ 12:36pm PDT

Watching TV broadcasts on a television set? What will they think of next? ChromecastWell, facetiousness aside, this may be one of the easiest and cheapest ways for people in markets served by Aereo — who don’t want to attach an antenna to their TVs — to access local TV broadcasts. It’s a meaningful development for Aereo: Google’s $35 Chromecast streaming devices have been a hit with consumers. Aereo-logo__130126232434-200x206__131008001115__131212200214__140110201424__140211193750They use smartphones or tablets to remotely control the thumb-sized unit that plugs into a TV set’s HDMI port, and picks up streaming video via WiFi. Beginning May 29, Aereo customers who use Chromecast can download or update their Aereo app, and they’ll be ready to go. “Consumers deserve more options and alternatives in how they watch television and our team is committed to providing consumers with the best experience possible using Aereo’s innovative cloud technology,” says CEO Chet Kanojia. His service will be ready for Chromecast at the same time U.S. Supreme Court justices will be deliberating whether Aereo is legal. Major broadcasters have asked the high court to rule that the service infringes on their copyrights; Aereo streams their over-the-air programming in their local markets, but doesn’t pay. The company says that it simply leases subscribers an antenna similar to what they could install at home to watch free TV.

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Deadline Big Media 79 – The Amazon Streaming Box Podcast

By and | Friday April 4, 2014 @ 4:06pm PDT

Deadline Big Media podcast 79In this week’s podcast, Deadline’s executive editor David Lieberman and host David Bloom wrap up the latest in the big Aereo case before the U.S. Supreme Court later this month, including briefs from an unexpected collection of supporters and financial backer Barry Diller’s comments on the TV service’s future if it loses. The two Davids also weigh Amazon’s rather tardy arrival as a purveyor of video-streaming devices with this week’s launch of the Amazon Fire TV; the Tribune Co.’s evolution as its digital wing buys one TV-oriented data company and relaunches another; and Discovery’s latest in a flurry of deals, as it launches a digital studio in partnership with two big-name Hollywood veterans, Ron Howard and Brian Grazer.

Listen to the podcast in your choice of audio formats here:
Deadline Big Media podcast 79 (.MP3 version)
Deadline Big Media podcast 79 (.M4A version)
Read More »

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Aereo Attracts Support From Dish Network, EFF & More For SCOTUS Hearing

By and | Wednesday April 2, 2014 @ 4:55pm PDT

Aereo-logo__130126232434-200x206__131008001115__131212200214__140110201424__140211193750With less than three weeks before Aereo argues its case in front of the Supreme Court, amicus briefs today supporting the subscription streaming service in its battle against the broadcasters were being filed fast and furiously. Supporters of the Barry Diller-backed company have until 11:59 PM ET to add their voices to the cause. On the plaintiff’s side, SAG-AFTRA, Viacom, Time Warner and Warner Bros Entertainment, the NFL and MLB are among those who have come out against Aereo. Add to that, the Obama administration filed a brief of its own supporting the broadcasters and a motion to argue during supremecourtthe 1-hour April 22 hearing before the High Court. Today’s briefs from Dish Network, the Electronic Frontier Foundation, the American Cable Association and more come less than a week after Aereo firmly responded to the broadcaster’s February 24 brief and the same day Diller said that Aereo could be “finished” if it loses before the SCOTUS. More briefs are expected throughout the evening — we’ll update as more come in. Here are a few highlights from ones submitted so far today:

Dish Network
Chairman Charlie Ergen has good reason to support Aereo. He, too, butted heads with broadcasters who objected to his Hopper DVR’s ability to automatically jump over their ads in recorded shows. He also owns Sling, a device that streams users’ live and recorded TV programs. “Aereo is in some ways novel, but it is also among a host of technologies that uses the Internet to offer consumers the ability to do what they always have more cheaply and conveniently,” Dish says in its brief. The technology, and others including Dish’s, “are like dumbwaiters, incapable of delivering a pail of water without the thirsty person tugging on ropes and pulleys. If an individual uses that dumbwaiter to fetch himself a video he recorded of Breaking Bad, the dumbwaiter manufacturer does not infringe a copyright in the show.” Read More »

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Barry Diller Says Aereo WIll Be “Finished” If It Loses Supreme Court Case: Video

By | Wednesday April 2, 2014 @ 7:35am PDT

The IAC chief, one of Aereo‘s top backers, told Bloomberg Television’s Market Makers that it’s “very possible that there’s some salvage. But Aereo would probably, as I say probably just because I can’t — I can’t see any path forward. It probably would not be able to continue in business.” And if the justices side with Aereo after the April 22 oral arguments? ”We compete. We go on to build our business. We expand through the rest of the United States that we’re not currently in. We invest West Coast, but we’re only in — I could get a couple of cities wrong — 14-16 cities, 17. And we would be in every urban center, in any urban city, certainly top 30-40 markets.”

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Deadline’s Best TV Stories Of The Week

By | Sunday March 30, 2014 @ 5:37pm PDT

The Art of War‘The Good Wife’ Bombshell: Story Behind The Shocking Exit, Showrunners Speak
By Nellie Andreeva
The Good Wife creators/showrunners Michelle and Robert King, discuss a major character’s exit, its impact on the show and what lies ahead.

CNN’s Piers Morgan Signs Off With Final Blast At U.S. Gun Laws (Video)
By Lisa de Moraes
Piers Morgan wrapped his three-year CNN run on Friday night with (gasp!) a full hour of discussion about the missing plane. But in his four-minute final remarks, he couldn’t resist taking a parting shot at the NRA. 
Read More »

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Aereo Blasts Broadcasters In Supreme Court Response Brief

By | Wednesday March 26, 2014 @ 7:11pm PDT

DJP LEGAL BADGEAereo may have agreed with broadcasters late last year that the best venue for their ongoing legal “war of attrition” is the Supreme Court. But as today’s response brief (read it here) to the plaintiffs reveals, that’s all the two sides agree on in this caseAereo-logo__130126232434-200x206__131008001115__131212200214. “This Court should not rewrite the Copyright Act in an effort to protect petitioners from lawful and logical advancements in technology or from the economic consequences of their transmitting works for free over the public airwaves,” said the Barry Diller-backed subscription streaming service in its filing today at the SCOTUS. “The ‘one-to-one’ transmissions from Aereo’s equipment – individual transmissions from personal recordings created from data received by individual antennas – do not constitute ‘public’ performances,” the dense, 100-page brief also noted one of the broadcasters’ primary complaints about the company. With the high court scheduled to hear oral arguments on the case on late next month, Aereo now must send in an amicus curiae brief of its own by April 2.

Related: Would The Supreme Court Upend The TV Business If It Sides With Aereo?

Read More »

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Deadline Big Media 76: The Obama Against Aereo Podcast

Deadline Big Media ep 76In this week’s podcast, Deadline’s executive editor David Lieberman and host David Bloom look at the Obama administration’s unusual intercession in the Aereo Supreme Court case on behalf of the networks and the notable absence of tech industry involvement in the case so far.

They also try to make sense of John Malone’s latest complicated stock shuffle that affects SiriusXM and Charter Communications; check in on the many Big Media highlights from this week’s Deutsche Bank investor conference; break out the checkbook for that Amazon Prime price hike; and wonder how DreamWorks Interactive can be on track for both a $310 million global box office haul for Mr. Peabody & Shermanand a write-down of $84 million for that same film. Read More »

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