By threatening legal action in response to Netflix’s trash-talking, Verizon may have fallen into the very trap Netflix set for it.
The outcome of the Aereo case could turn on whether a majority of the justices can get comfortable distinguishing Aereo from Cablevision, allowing them to craft an opinion that finds Aereo to be illegal without disturbing the result of the Cablevision case.
The settlement comes two days before the U.S. Patent & Trademark Office and the NTIA are scheduled to convene a meeting among stakeholders on improving the notice-and-takedown process at the heart of many DMCA disputes.
Dish Network’s linear streaming deal with Disney won’t be the last of its kind. But don’t expect the floodgates to be thrown open generally just yet, either.
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.
In court cases, the “gotcha” evidence used to turn up in filing cabinets or computers. Today, it’s more likely to be found on mobile devices, which preserve copies of texts and emails that many users believe to be deleted.
The European Court of Justice this week ruled that the law’s protection of DRM against circumvention does not apply where the DRM has the effect of blocking commercially legitimate uses along with illegitimate ones if a less restrictive alternative is available
Last year, Google combined the privacy policies of Gmail, YouTube and all its other products into a single policy. A US judge this week explained why, unlike in Europe, this is okay.
There’s an important distinction between the Hopper With Sling and TiVo’s Roamio DVR, however, that could change the network’s legal calculus on how to respond.
By making the Aereo case as much about Cablevision as about Aereo, the broadcasters are raising the stakes for everyone.