Friday, June 27, 2014

The Limits of the Supreme Court’s Technological Analogies

ABC v. Aereo, which the Supreme Court decided on Wednesday, is a lesson in the power and limits of analogy. Aereo developed a system that allows customers to watch free, over-the-air television broadcasts over the Internet. Specifically, customers can go to Aereo’s website and select the programming they wish to view, at which point Aereo will tune a tiny, dedicated antenna to the relevant station, capture the signal, and retransmit the signal to the particular customer who requested it. That...

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