Duck, duck, goose? No, says the court — Aereo remains yet another duck
Many jurisdictions around the globe face complex questions resulting from the use of new technologies for internet redistribution of over-the-air linear broadcast signals in a manner that could threaten traditional television.
On 25 June 2014, the US Supreme Court released its opinion in American Broadcasting Companies v Aereo, preserving the pre-Aereo status quo for linear television retransmissions, while at the same time striking a blow to Aereo’s business and leaving significant uncertainty regarding how the law may apply in the future to other innovations and technologies. Similarly, in recent years, TV Catchup (TVC) has caused a comparable debate in the UK and Europe.
The Aereo and TVC cases illustrate a trend across both jurisdictions for the courts to look beyond technical differences between innovative and traditional broadcasters and distribution platforms and instead focus on the service offered to viewers. Effectively such decisions may be summed up by the old cliché ‘if it looks like a duck, quacks like a duck and walks like a duck, then it must be a duck’ (i.e. if it looks like television and works like television, then it must be treated as television)…
Click on the link below to read the rest of the Dentons briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Dentons
News from The Lawyer
Briefings from Dentons
Canada’s Occupational Health and Safety Act may protect employees against retaliation for asserting their rights, but not for merely sustaining an injury.
From media reports of a Homeland Security report on an immigrant investor visa programme you might think there is a great problem that needs immediate attention. Not true.
Analysis from The Lawyer
Life in Canada is getting harder for firms as commodities prices fall and work volumes slow
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all