Fox Moves To Use Aereo Ruling Against Dish Streaming Service

An anonymous reader writes A day after a surprise U.S. Supreme Court decision to outlaw streaming TV service Aereo, U.S. broadcaster Fox has moved to use the ruling to clamp down on another internet TV service. Fox has cited Wednesday's ruling – which found Aereo to be operating illegally – to bolster its claim against a service offered by Dish, America's third largest pay TV service, which streams live TV programming over the internet to its subscribers and allows them to copy programmes onto tablet computers for viewing outside the home.

Re:Big Difference

[Savage-Rabbit]

They have retransmission rights, apparently its the re-retransmission rights that are the problem.

You mean they are allowed to transmit Fox content live but not record it and then stream it to the user? Doesn't fair use also come into it? Users have the right to record TV content for personal use.

Re:Big Difference

[thaylin]

Not exactly. Dish does the same that Aereo did - they allow customers to access their own DVR where they recorded information using their own antennae over the Internet. Aereo allowed customers to access their own DVR where they recorded information using their own antennae over the Internet.

Aereo rents out the antenna Dish rents out the satellite dish Aereo rents out the DVR Dish rents out the DVR Aereo allows access over the Internet Dish allows access over the Internet

Dish pays broadcast rights to send things over their satellites to customers' antennae Local TV stations pay broadcast rights to send things to customers' antennae

I don't see a difference.

Take a look at the bold section, notice that it does not say Aereo. Aereo did not pay for broadcasting rights, Dish does, as even stated in your post.

Re:Big Difference

[wagnerrp]

The users' own Hopper DVR is recording the television, transcoding it, and streaming it across the users' own internet connection to the users' own devices. This is not a service Dish is offering, merely a capability of the physical DVR they are renting to subscribers.

Re:Big Difference

[Kagato]

Before making such bold statements I'd do a little more research on the hopper and how it functions. There's no cloud storage here. All the functionality is on the customers DVR and iPad.

Re:Jurisdiction

[American Patent Guy]

The answer to your question is not simple. Most industrialized countries have treaties with each other that permit legal actions to be taken under any applicable jurisdiction. Even the jurisdiction of a single country can be broad: usually U.S. jurisdiction goes to any person or entity "doing business" on U.S. soil or by any infrastructure located on U.S. soil. European countries will enforce U.S. copyrights, and the U.S. will enforce european copyrights.

Can a U.S. court order a Canadian company to discontinue offering gambling over the Internet? It depends upon the treaties it has with the U.S.

Sony Betamax

[JeffElkins]

http://caselaw.lp.findlaw.com/... [findlaw.com]

There's no doubt in my mind that if the Sony case were being heard today, the VCR would be ruled an infringing device.