Post-Aereo: Has the Supreme Court Clouded the Future?

July 3, 2014New York State Bar Association EASL Blog

Herrick Intellectual Property Group Chair Barry Werbin opines on the recent Supreme Court Aereo decision for the NYS Bar Association’ Entertainment Arts & Sports Law Section. He notes that while the Court interpreted the ‘inert” transmission system used by Aereo as no different from other cable television providers, thus imposing direct copyright liability, the Court was cautious not to condemn other emerging content delivery and storage technologies, particularly those in the cloud. He writes that the Court was likely reacting to Aereo’s attempt to take commercial advantage of a perceived loophole in the Transmit Clause.