10 Updates

The Right (And Wrong) Way To Think About How Aereo Works

Apr 22 2014, 6:51pm CDT | by

Aereo, a service that lets users record broadcast TV shows over the internet and stream the recording to their mobile devices, is fighting for its life before the Supreme Court this week. (My...

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13 weeks ago

The Right (And Wrong) Way To Think About How Aereo Works

Apr 22 2014, 6:51pm CDT | by

Aereo, a service that lets users record broadcast TV shows over the internet and stream the recording to their mobile devices, is fighting for its life before the Supreme Court this week. (My colleague J.J. Colao is there following the case .)

There are good arguments to be made that Aereo’s business model, which involves arrays of thousands of tiny antennas, is a cynical and legalistic attempt to evade copyright protection. Then there are the bad arguments, one of which comes from New York magazine’s Kevin Roose .

Roose calls the Barry Diller -backed company “a clever bit of regulatory arbitrage masquerading as a start-up.” Aereo’s lawyers would quibble with that, but I won’t. But then Roose offers this analogy to prove his point:

I work at a magazine whose content is copyrighted. Currently, it’s illegal to scan an entire issue of New York, post it on your website as a PDF, and charge visitors for access to it. But it’s legal to browse a copy of New York at your local newsstand, read every article inside, and put it back without making a purchase. It’s probably even legal for your friend to go to the newsstand, pick up the latest issue of New York, read every article to you over the phone, and put it back on the shelf without buying it. (Though I don’t recommend this — it would be painfully slow, and newsstand operators wouldn’t like it.)

Imagine if you came up with an idea for a start-up — let’s call it Readeo — that would exploit this loophole. For $8 a month, Readeo would give you the right to rent a small, magazine-reading robot. Every time you wanted to read a New York article, you’d tap a button on your iPad, and your personal Readeo robot would be dispatched to the nearest newsstand, where it would pick up a copy of the magazine and read the article to you over the phone using OCR and speech software. Now imagine that, somehow, this process could be sped up to the point where it was nearly instantaneous — desire article, tap app, dispatch robot, read article — and where the robots could replicate pictures as well as words. You’d be getting a perfect, on-demand copy of New York’s editorial content anytime you wanted it, without paying a cent to the magazine.

And our lawyers would (I imagine) sue the bejeezus out of you.

A post about digital copyright law probably isn’t the best place for me to use such an extensive blockquote, but I wanted to convey the full weirdness of Roose’s analogy. It is a very bad one. Readeo is nothing like Aereo for the simple reason that the magazines at his hypothetical local newsstand are for sale. Yes, it is legal to stand at a newsstand and read magazines to your friend over the phone. It’s also legal for the newsstand owner to tell you — or a robot — to move along and get your damn hands/servo-grippers off his merchandise. That’s why calling it a “loophole” is silly. It’s like saying it’s a loophole that you can stand in the TV section of Best Buy all day and watch ESPN. Well, sure you can.

Aereo’s not trying to resell programming that’s already for sale. It’s only providing easier and more convenient access to programming the networks themselves are giving away for free. For Roose’s analogy to work, Readeo’s robots would have to restrict themselves to reading only free magazines and newspapers, like the Village Voice.

Better yet — because who wants to sit and listen to someone read an entire magazine? — let’s say Readeo worked like this: A robot goes to the newsstand, grabs a copy of each free newspaper you request, scans the pages in, and sends a link to the private online locker where you can view them.  If another user wants to read the same newspaper, the robot has to take two copies and scan them in separately.

How would the free newspapers involved react to this scheme? They would be thrilled with it. As long as the ads got scanned in along with the articles, it wouldn’t hurt them in the least. In fact, it would help them, because print readership is so much more lucrative than digital readership. (In my hypothetical reality, as in the real one, most newspapers have free websites that don’t bring in much ad revenue.)

And this is where my own analogy breaks down, because over-the-air TV isn’t really free — not anymore. Viewers who watch ABC, CBS, Fox and NBC with a (normal-sized) antenna are getting them for free, but the majority who watch them through a cable or satellite package are paying for the privilege, indirectly, via the billions of dollars in retransmission fees pay-TV providers render unto the networks.

It’s kind of convoluted that viewers who choose to pay for one variety of TV service therefore also have to pay for another variety of service that would be free if the signals entered their homes via an antenna rather than a cable or a dish. It’s so convoluted that it resists simplification by analogy.

 
Update
10

6 weeks ago

RM47mil KWSG contributions still unclaimed

Jun 9 2014 7:54am CDT | Source: Business Times Malaysia

Cambodia's Famous Battambang Circus
KUALA LUMPUR: About RM47 million of contributions in the Teachers Provident Fund (KWSG) still remain unclaimed, the Dewan Rakyat was t ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
9

6 weeks ago

Gold shop lost almost RM1mil

Jun 9 2014 3:50am CDT | Source: Business Times Malaysia

Melbourne Rising Media Launch
KANGAR: A gold shop owner lost almost RM1 million after after the safe on in his shop was broken ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
8

6 weeks ago

Motion to debate MAS losses in Dewan Rakyat rejected

Jun 9 2014 3:39am CDT | Source: Business Times Malaysia

Federal Aviation Administration Bans All US Flights To Israel
KUALA LUMPUR: AN emergency motion to debate the losses incurred by Malaysia Airlines last year, amounting to RM1.2 billion was rejected by the Dew ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
7

6 weeks ago

MH370 Tragedy: Hisham: RM27.6 mil spent on 1st phase of SAR

Jun 9 2014 2:11am CDT | Source: Business Times Malaysia

KUALA LUMPUR: Malaysia spent some RM27.6 million in its first phase of the search operations for missing Malaysia Airline flight MH370, said Acting Transport Mini ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
6

6 weeks ago

9.1m litres of diesel seized in a month

Jun 8 2014 1:11am CDT | Source: Business Times Malaysia

INDIA-CHINA-DIPLOMACY-TRADE
PUTRAJAYA: The Domestic Trade, Cooperatives, and Consumerism ministry has seized some 9.1 million litres of diesel and property worth RM58 million since mounting ‘Operasi Diesel Selatan ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
5

7 weeks ago

Girl, 9, awarded RM2.78m compensation for medical negligence

Jun 6 2014 4:56am CDT | Source: Business Times Malaysia

Government Weekly Cabinet Meeting
KUALA LUMPUR: A nine-year-old girl who suffered brain damage during her birth at a government hospital was awarded over RM2.78 mi ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
4

7 weeks ago

Malaysia's total trade in April up 12pc

Jun 5 2014 11:52pm CDT | Source: Business Times Malaysia

KUALA LUMPUR: Malaysia's total trade in April 2014 rose by 12 per cent from a year ago to RM123.86 billion due to growing trading activities, International Trade and Industry Mi ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
3

7 weeks ago

Works Ministry to spend RM20m for upgrading works at 50 accident black spots

Jun 4 2014 11:35pm CDT | Source: Business Times Malaysia

Iskandar Johor Open - Previews
JOHOR BARU: The Works Ministry will implement upgrading works at 50 accident prone locations in the country that have been identified this year involving an allocation of RM20 m ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
2

7 weeks ago

Najib launches loan scheme for Ramadan traders

Jun 4 2014 10:24pm CDT | Source: Business Times Malaysia

EurAsia Cup presented by DRB-HICOM - Day One
PUTRAJAYA: Prime Minister Datuk Seri Najib Razak today launches RM45 million Ramadan Bazaar Scheme 201 ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 
Update
1

7 weeks ago

Residents bring up objection against Kidex to Suhakam

Jun 4 2014 4:49am CDT | Source: Business Times Malaysia

PETALING JAYA: A group of 20 Petaling Jaya residents held a meeting with the Human Rights Commission of Malaysia (Suhakam) over their objection against the proposed RM2.2 billion Kinrara Damansara Skyway ...
Source: Business Times Malaysia   Full article at: Business Times Malaysia
 

 

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