public performance rights

PBS NewsHour has a fascinating transcript of an interview with the CEO of Aereo, one of the new subscription streaming services available to "space-shift" and "time-shift" free TV broadcasts to our computers and mobile devices. Aereo was plainly designed to get around copyright restrictions on public performance rights by being set up with individualized antennas for each customer, and Aereo CEO argues that not only does his technology not violate black-letter copyright law but that it also does not violate the spirit of the law.

Here's an excerpt:

"HARI SREENIVASAN: So, you have got the antenna farms that you're building, essentially. If I'm a customer, I have one particular antenna inside of the Aereo room, so to speak.

But does it seem like a technicality, when you actually don't need 5,000 antennas in a room? You're saying it's to be by the letter of the law. Are you violating the spirit of the law?

But does it seem like a technicality, when you actually don't need 5,000 antennas in a room? You're saying it's to be by the letter of the law. Are you violating the spirit of the law?

CHET KANOJIA: Not at all. I think Congress always intended that consumers to have the ability to have an antenna.

And it's a simple manifestation of that, saying, well, that's what the intent was, the consumer can have an antenna. So, whether I put it in my window or my roof or my neighbor's roof, those aren't restrictions that Congress ever intended or proposed.

So, I think it complies with actually the spirit of the law as well, and perhaps more so, because the idea that consumers should have that choice was always intended by Congress."

Aereo, the television digital distributor, is arguing that an injunction entered in the United States District Court for the District of Columbia against its competitor, FilmOn X, does not affect its legal grounds to rebroadcast free TV programming over the Internet because it uses different technology. Hearst, which has a TV station in the Boston area, argues in the District of Massachusetts that the D.C. injunction against Aereo-competitor FilmOn X (once known as Aereokiller) shows that the use of individual antennas to rebroadcast its copyrighted television content does not defeat its public performance rights.