How far could the Supreme Court go in Aereo?

The pushback from lower courts on both Cablevison and Aereo has been joined by a growing chorus of scholarly criticism of the Second Circuit’s reasoning and conclusions.

FilmOn wants in on Aereo appeal

If not for the FilmOn cases, the networks likely would have had a much harder time persuading the court to grant cert. in the Aereo cases,

Better late than never, TV starting to go everywhere

DirecTV announced this week it will start live-streaming 30 TV channels out-of-home to authenticated subscribers, including HBO, Showtime, Starz and several Scripps Network channels.

The announcement was the second such out-of-home streaming launch in the past month. In October, Comcast unveiled a package of 35 channels available for out-of-home streaming to subscribers via its Xfinity TV Player app, now rechristened Xfinity TV Go. Channels include BBC World News, beIN Sport, CNBC, CNN, Disney Channel, ESPN, ESPN2, Fox Business and Fox News, Fox Sports 1, FX, MSNBC, National Geographic and NBC Sports Network, among others. Comcast said it will add more linear channels in coming months.

After years of promises but little action, out-of-home live streaming is quickly becoming table stakes for pay-TV providers. In addition to DirecTV and Comcast, Time Warner Cable now offers a package of channels from Scripps Network for out-of-home streaming, while Verizon FiOS offers out-of-home access to  DIY, Travel Channel, Food Network and HGTV.

What you don’t see in all of those announcements, however, is out-of-home streaming access to broadcast channels. Broadcasters have so far largely kept live streaming rights to themselves, as CBS insisted in its epic battle with Time Warner Cable this summer, albeit typically (and ironically) limiting access to authenticated pay-TV subscribers only.

That could change, however, if the broadcasters lose their legal battle with Aereo, in which case they might conclude that getting something for those rights from pay-TV providers is better than getting nothing from Aereo.

CBS changes channels

The CBS broadcast network is starting to behave much more like its sister premium cable network, Showtime.

4K video gets carded

The infrastructure for a 4K consumer video ecosystem is starting to fall into place, and it doesn’t look anything like the infrastructure for HD or SD video.

Broadcasters not getting with the program

Even under C7, the networks would still be selling ads as if scripted, scheduled TV shows were still essentially one-time, live events where the program itself serves as a proxy for a particular audience.