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UPDATE: Herb Allen’s Sun Valley Retreat – Recap

UPDATE: Herb Allen’s Sun Valley Retreat – RecapUPDATED, Monday, 4:56 PM: Saturday’s panel with Secretary of State John Kerry and interviewer Charlie Rose went off without a hitch after some technical problems the previous day, but listening about the conflicts in the Middle East was not as interesting to moguls (‘what else is new, it’s a mess over there’) as the panel that featured billionaire investor Warren Buffet and Amazon CEO Jeff Bezos, according to some in attendance. Bezos, whose company Amazon has become a powerhouse in publishing and is creating its own content now, told the group gathered that the Amazon business model in publishing and creating content is here to stay. While the panels are always greatly attended, some of those who sat through the first few said they were a bit dry and boring, but “Buffet is always interesting to listen to,” said one attendee. Jeffrey_Katzenberg_118299588Said another, “All the networking is really done in the first day … unless you’re Jeffrey Katzenberg lining up meetings every hour.” Added another, “He sits there and does one meeting after another … he must have had like 20 meetings.” Yes, DreamWorks Animation’s Katzenberg was doing his ‘speed-dating’ meetings near the duck pond as usual which had some entertainment moguls laughing and others rolling their eyes (‘He has like what? One movie in the marketplace?’ Does he know how silly it looks?).

On Saturday, too, were presentations from the younger entreprenuers of Lookout, Xapo and Lending Club, which another attendee said he thought was fantastic (‘The guy from Lookout looked like he was 16 years old’). Also interesting to one attendee was the education panel with Eva Sarah Moskowitz, CEO of Success Academy Charter Schools and Kaya Henderson who is the D.C. school superintendent. “They were really good together and kept everyone’s interest.” That panel took place last Thursday.

The five-day Sun Valley retreat wrapped up last night with the annual dinner hosted by Herb Allen, whose aserbic wit and self-deprecating humor was enjoy by all. In reference to the panel earlier in the week that featured producer Brian Grazer and TWC’s Harvey Weinstein talking about the creative process, one attendee noted that “Brian really hit the mark on it. He was pitch perfect. If he did that same speech in showbiz circles it might not resonate but it did with most of people who were not in the business.’” One of the things that they both suggested was to listen to the voices in your head and get in touch with your instinct, which Allen use as a set up for a joke at the Sunday night dinner: “I have the voices in my head. I just don’t know what to do with them yet.” Until next year …

3RD UPDATE, FRIDAY, 2:50 PM: People actually enjoyed the Michael Bloomberg panel today at the H2013-07-11t154703z_2111664344_gm1e97b1tzw01_rtrmadp_3_sunvalley-conference_Fotorerb Allen Sun Valley conference as the 72-year-old answered questions from journalist Willow Bay, wife of Disney’s Robert Iger. The former mayor of New York whose fight for reasonable gun laws is well-documented, spoke about his philanthropy efforts and giving back to society. Through Bloomberg Philanthropies, the billionaire does just that in the areas of education, the arts, gun issues, governance and public health. He spoke about how dysfunctional the current U.S. system is politically and otherwise to get things done — no doubt as he personally saw what happened behind the scenes in Washington D.C. as politicians in the pocket of the NRA stymied efforts to get background checks on gun sales passed. Leave it to a politician — an orator and a former Eagle scout (hey, it’s no small task) — to wake up the moguls.

The second panel, which was supposed to feature Charlie Rose interviewing Secretary of State John Kerry piped in live from Afghanistan, went awry as the video feed didn’t work (they tried for about 15 minutes to get it up and running to no avail). That conversation, which was expected to be about how heavily the U.S. should be involved in the current explosive situation in the Middle East, will now take place tomorrow after journalist Becky Quick interviews Warren Buffet and Jeff Bezos.

So they are attempting to fix the video feed for tomorrow, but let’s face it, if it doesn’t work, we doubt anyone will be upset as Kerry drones … on and on. Speaking of drones, there has been some attempt to make sure that drones don’t fly over the conference taking pictures, according to Bloomberg News. Ahhh, technology … the age of the paparazzi drone? If people are still awake after Kerry and Rose, a number of younger entrepreneurs will have their turn at bat.

Most all we spoke with don’t expect any major deals to go down at this conference. That Read More »

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SCOTUS Scuttles Aereo; “It’s Over”, Says Diller In Big Win For Big Broadcasters

By | Wednesday June 25, 2014 @ 8:19am PDT

SCOTUS Scuttles Aereo; “It’s Over”, Says Diller In Big Win For Big BroadcastersUPDATED WITH REACTIONS: Television broadcasters can breathe a sigh of relief after the Supreme Court ruled this morning that the Barry Diller-backed service violates their copyrights when it streams their transmissions without their permission. In a 6-3 opinion, the court reversed and remanded the decision of the 2nd Circuit in the broadcasters favor. The opinion equated Aereo to a cable company, thereby equaling its transmissions of the broadcasters’ material to a public performance under the Copyright Act. That remand means the broadcasters could get the injunction against Aereo they have long been seeking. As was expected, Associate Justice Stephen Breyer wrote the decision (read it here) released this morning; he asked the most questions by far of the lawyers during oral arguments in April. Saying Aereo does not constitute a public performance, Associate Justice Antonin Scalia dissented today’s opinion. He was joined by associate justices Clarence Thomas and Samuel Ailto.

Aereo-badge__140414141457The Court today also addressed concerns raised by Aereo and others that a loss for the streaming service could have grave implications for cloud technology, among others.“Given the limited nature of this holding, the Court does not believe its decision will discourage the emergence or use of different kinds of technologies,” said the 18-page opinion.

“Today’s decision is a victory for consumers,” the broadcasters’ lawyer Paul Clement said today. “The Court has sent a clear message that it will uphold the letter and spirit of the law just as Congress intended.” Clement, a former Solicitor General, represented broadcasters during oral arguments.

This is a big loss for Aereo, which until now has prevailed in the majority of its legal battles with broadcasters including CBS, Disney, Fox, and Comcast’s NBCUniversal. On April 2, Diller sent shivers through Aereo CEO and founder Chet Kanojia and other execs when he said that the company “probably would not be able to continue in business” if it lost at SCOTUS. If Aereo had won, many industry watchers said broadcasters could lose their clout to force cable and satellite companies to pay billions for the right to retransmit their programming.

“It’s over,” Diller told CNBC this morning after the ruling was handed down. Kanojia had a different take: “We are disappointed in the outcome, but our work is not done.  We will continue to fight for our consumers and fight to create innovative technologies that have a meaningful and positive impact on our world.”
Read More »

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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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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 »

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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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Aereo Wins Short Reprieve From Six-State Injunction

By | Tuesday February 25, 2014 @ 3:23pm PST

DJP LEGAL BADGEOnce again the Aereo legal roller coaster has whipped up after a steep downward turn. Less than a week after being slapped with a 6-state injunction, the Barry Diller-backed streaming service today has won a 14-day reprieve  – a move that will not please broadcasters who thought they’d scored their biggest legal win yet over Aereo. “The court also recognizes that harms are accruing to Plaintiffs every day and enforcement of the copyright laws is a clear public benefit to the Aereo-logo__130126232434-200x206__130401161322__130529202533__130710203958public as a whole,” said District Judge Dale Kimball in his decision (read it here) that also denies Aereo a stay pending appeal. The judge also ordered the broadcaster plaintiffs to post a $150,000 bond before any injunction could even start. Of course it is less than two months before Aereo and the broadcasters will be arguing their greater respective case, so to speak, in front on the Supreme Court on April 22 when the battle could reach its climax or just another sharp corner.

In the meantime, Aereo has a new life in Utah and surrounding states. “The court, however, finds some benefit in allowing Aereo’s customers uninterrupted service pending the Tenth Circuit’s decision on an emergency motion to stay. Therefore, notwithstanding the many factors weighing against a stay, the court, in its discretion, grants Aereo a temporary 14-day stay,” Kimball’s move keeps Aereo going … Read More »

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Supreme Court Decision To Hear Aereo Case Expected This Month

By | Monday January 6, 2014 @ 9:42am PST

DJP LEGAL BADGEWhether or not the nation’s highest court decides to hear the broadcasters’ case against Aereo could be determined in the next few weeks. The Supreme Court’s new 2014 calendar has Conference days set for January 10, 17 and 24. Conference days are when the Justices look over reviews and petitions — like the one ABC, CBS, Fox, NBC and several other imgresbroadcasters submitted against the Barry Diller-back streaming service on October 11. If SCOTUS decides to take on the submission and not leave it with lower courts, then a date for oral arguments in the potentially industry-changing case will be scheduled for later in the term. At the heart of their petition, the broadcasters want the High Court to review an April 1, 2013 ruling by the U.S. Court of Appeals in New York that confirmed a District Court decision and rejected their request for a preliminary injunction against Aereo. Since its launch in the NYC area back in early 2012, broadcasters have repeatedly called out Aereo in the courts as conducting a blatant violation of their public performance rights. Some, like CBS’ Les Moonves, have even suggested they could make the move to cable if the Aereo situation isn’t resolved to their liking. In its December 11 response brief to the broadcasters’ petition, Aereo surprised many by welcoming the move to SCOTUS as a way … Read More »

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UPDATE: Justine Sacco Fired Over AIDS Tweet Controversy; Ex-IAC PR Exec Apologizes

By and | Sunday December 22, 2013 @ 9:15am PST

sacco__131221043402-150x1504TH UPDATE: Issuing a statement to South African newspaper The Star and ABC News, SA-born PR pro Justine Sacco apologized for the offensive AIDS Tweet that led to her firing from IAC over the weekend: “Words cannot express how sorry I am, and how necessary it is for me to apologize to the people of South Africa, who I have offended due to a needless and careless tweet. There is an AIDS crisis taking place in this country, that we read about in America, but do not live with or face on a continuous basis. Unfortunately, it is terribly easy to be cavalier about an epidemic that one has never witnessed firsthand.

“For being insensitive to this crisis – which does not discriminate by race, gender or sexual orientation, but which terrifies us all uniformly – and to the millions of people living with the virus, I am ashamed.

“This is my father’s country, and I was born here. I cherish my ties to South Africa and my frequent visits, but I am in anguish knowing that my remarks have caused pain to so many people here; my family, friends and fellow South Africans. I am very sorry for the pain I caused.”

3RD UPDATE, SATURDAY PM: Justine Sacco has been swiftly sacked by Barry Diller‘s IAC a day after posting her controversial AIDS Tweet. “The Read More »

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Bring It On – Aereo Says It’ll Fight Broadcasters In Supreme Court

By and | Thursday December 12, 2013 @ 11:52am PST

DJP LEGAL BADGEJust more than two months to the day after broadcasters petitioned the Supreme Court to overturn a denied injunction against the Barry Diller-backed streaming service, Aereo today responded with an unexpected battle cry of “bring it on”. “We have decided to not oppose the broadcasters’ petition for certiorari before the United States Supreme Court. While the law is clear and the Second Circuit Court of Appeals and two different Aereo-logo__130126232434-200x206__131008001115federal courts have ruled in favor of Aereo, broadcasters appear determined to keep litigating the same issues against Aereo in every jurisdiction that we enter”,  said Aereo CEO Chet Kanojia today as the company filed a brief (read it here) with the Court. “We want this resolved on the merits rather than through a wasteful war of attrition”. Since Aereo’s 2011 launch, broadcasters have insisted in various jurisdictions and legal actions that the company is breaking the law by transmitting their shows to its Internet subscribers without paying a license fee. Today’s 31-page response and lack of objection to the broadcaster’s petition now raises the stakes to a winner-take-all proposition.

Related: ABC Boston Affiliate Launches Aereo Appeal Read More »

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ABC Boston Affiliate Launches Aereo Appeal

By | Tuesday December 10, 2013 @ 1:49pm PST

DJP LEGAL BADGEJust over two months to the day that Hearst-owned WCVB-TV was denied its preliminary injunction motion against the Barry Diller-backed streaming service, the Boston ABC affiliate has began its predictable appeal. “Simply put, this case affects the very future of over-the-air broadcasting as we know it,” says the distinctly not understated Aereo-logo__130126232434-200x206__130401161322__130529202533__130710203958__130809171259__130826231936__130910172430__131010150034160-page appeal made Monday to the First Circuit (read it here).  As others have argued about Aereo in other cases, part of their latest copyright argument against the service is that Massachusetts-based federal District Judge Nathaniel Gorton didn’t know what he was talking about in his October 8 order. “In denying WCVB’s public performance argument, the district court failed to engage in any independent analysis and appears to have relied exclusively on the reasoning of a Second Circuit case, which has been harshly criticized by copyright scholars and had not been followed by any other court outside that circuit,” asserts the filing. This week’s latest Aereo legal action comes as Disney, CBS, NBCUniversal, WNET, Fox, and Univision await to learn if the Supreme Court will hear their potentially game changing October 11 submitted petition to review a 2012 ruling not to shut Aereo down pending a trial. It also comes as Aereo announced plans to expand to new markets the likes of Detroit and Denver and has been slapped with a second injunction motion in Utah.

Related: Aereo CEO Says Cable Companies Would Be Logical Partners
Read More »

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Barry Diller Honored By Broadcasters Even Though They’re “Suing Me”

By | Wednesday October 16, 2013 @ 12:28pm PDT

The IAC chief provided the only hint of drama today at the Library of American Broadcasting’s “Giants of Broadcasting” awards luncheon in NYC. Everyone wondered how Barry Diller — one of today’s 11 honorees — would deal with the fact that he supports Aereo. Most in the audience consider the streaming service to be illegal, and a threat. The IAC chief didn’t flinch: “It’s especially nice that I get this honor when many people in this room are suing me,” he said. He added, in jest, that “after you’re accused of stealing a few times, you get a little sensitive.” The former ABC exec, and creator of Fox Broadcasting, gently chided broadcasters as they demand rising fees from cable and satellite companies that retransmit their signals — and threaten to pull their best shows from the airwaves if courts support Aereo, which streams their programming without their permission. “I always believed broadcasters should have a second revenue stream” in addition to advertising, Diller said. But they need to be sensitive to the fact that “there are people who can’t afford cable or satellite.” He added that he’s glad he became a broadcaster years ago when it was clear that the industry should support the public interest — “values that were separate from competition, separate from business.” Still, he says, local broadcasting will endure and TV stations are “one of the great buys.” Read More »

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Aereo Beats ABC Boston Affiliate Injunction Demand

By | Thursday October 10, 2013 @ 8:15am PDT

With just days to go before broadcasters are likely to take Aereo to the Supreme Court, a federal judge has denied Hearst-owned Boston-station WCVB-TV a preliminary injunction motion against the Barry Diller-backed streaming service. “The Court finds that Hearst has made a minimal showing of irreparable harm that is an insufficient basis for entering a preliminary injunction in its favor,” said District Judge Nathaniel Gorton. “Hearst has not demonstrated a sufficient likelihood of success on the merits nor the requisite irreparable harm and therefore it is not entitled to that ‘extraordinary and drastic remedy’,” he adds in the October 8 order (read it here). As one part of its argument, Hearst had hoped that the Massachusetts-based court would see the merits of the almost nationwide injunction that a federal D.C. court had hit fellow streaming service FilmOnX with in September. With that now not happening, the long and the short of it means that this case will go forward with the multi-city Aereo still available in the Boston area showing the ABC affiliate’s programming. “Today’s decision, coupled with the decisions in favor of Aereo in the Southern District of New York and the Second Circuit Court of Appeals shows that when you comply not only with the letter, but the spirit of the law, justice will prevail,” said Aereo CEO Chet Kanojia in a statement today. The decision  wasn’t a total win for Aereo as the service was denied its motion to transfer the case to the Southern district of New York, where it has had legal success in the past. Read More »

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Tina Brown Out At Daily Beast: Report

By | Wednesday September 11, 2013 @ 12:06pm PDT

Looks like founding editor Tina Brown‘s time at the Barry Diller-owned The Daily Beast is finished. Diller’s IAC will not be renewing the former New Yorker and Vanity Fair editor’s contract in January, say news reports today. A separation settlement is still being negotiated. Brown is starting a new company called Tina Brown Live Media to facilitate events like the Women In The World conference she started three years ago. Editor-in-chief Brown and Diller started the Daily Beast back in 2008 and merged the news site with Newsweek when IAC purchased the weekly mag in 2010. IAC shuttered Newsweek’s print edition in late 2012 and sold the entity in early August. Buzzfeed reported Brown’s upcoming departure earlier today.

Related: Barry Diller Confirms Newsweek For Sale

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ABC Boston Affiliate Hopes Local Aereo Case Repeats FilmOn Injunction

By | Tuesday September 10, 2013 @ 10:40am PDT

We knew that they were going to be joined at the legal hip soon enough, but that was really fast. One day after a federal court in D.C gave broadcasters an almost nationwide injunction against streaming service FilmOn X, the Hearst-owned Boston station WCVB-TV made damn sure that the judge in its suit against the Barry Diller-backed Aereo knew about that victory and the legal logic behind it. “Although the defendant in that case is different, the Court expressly assumed that the services and technology used by that defendant were, for all relevant purposes, the same as Aereo’s services and technology,” said the September 6 bullet point notice from the ABC affiliate (read it here). “The Court expressly rejected the argument, also asserted by Aereo here, that the use of multiple, individual transmissions rendered performances private,” added the three-page filing which was accompanied by the D.C. District Court opinion on Alki David-owned FilmOn X. WCVB-TV filed a copyright infringement suit and sought an injunction against Aereo in Boston in early July. The two have been throwing filings back and forth since with a hearing on the initial suit and the injunction scheduled for next week in Massachusetts federal court. Read More »

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Aereo Accused Of “Technological Shell Game” By Boston ABC Affiliate

By | Monday August 26, 2013 @ 4:32pm PDT

The battle of Boston continues. Just more than two weeks after Aereo slammed Hearst-owned WCVB-TV for its July 10 copyright suit and injunction request against the Barry Diller-backed streaming video service, the plaintiff has returned fire. In a 12-page reply (read it here) filed Friday in federal court in Massachusetts, the ABC affiliate says Aereo “engages in a technological shell game to avoid the plain wording of the Copyright Act.” Last week’s filing once again asks the court to grant a preliminary injunction shutting Aereo down in Boston, where it debuted at the end of May. In its August 7 opposition to the initial complaint, Aereo said that it is not infringing anyone’s copyright but simply providing an antenna and remote DVR service to customers for broadcasts that consumers already get for free. The streaming service also noted that the claims of WCVB-TV were very similar in nature and kind to the unsuccessful NYC-based attempt by broadcasters that the Second Circuit affirmed in April. That case is now back in District Court while Aereo has expanded from its first site in NYC to Boston, Atlanta, Utah, Chicago and Houston, Dallas and Miami next month.

Related: Fox Considering Taking Aereo To Supreme Court Read More »

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Aereo Fires Back In Boston ABC Affilate Copyright Suit

By | Friday August 9, 2013 @ 10:12am PDT

Nearly a month after WCVB-TV filed a copyright infringement suit and sought an injunction against the Barry Diller-backed streaming video service, the much litigated Aereo says the Hearst-owned station has its facts wrong. “Hearst cannot claim harm from consumer use of individual antennas because consumers are entitled to use them. Further, Hearst has not alleged (much less demonstrated) any current harm or concrete future harm. It alleges only the possibility of future harm. Such speculations cannot warrant the extraordinary remedy of a preliminary injunction.” says the company’s memorandum in opposition filed on August 7 (read it here). “In contrast, the harm to Aereo if an injunction issued would be devastating and irreparable,” adds the Massachusetts federal court filing seeking a denial of Heart’s request for a preliminary injunction

Related: Chase Carey: Threats To Big Media Just “Noisy Headlines”
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