Discussion: SCOTUS Rules For Broadcasters In Fight With Aereo

Discussion for article #224333

Wow; amazed that I agree with Scalia, Thomas, and Alito on this one.


Just when you think that the Court is going to mitigate its longstanding hatred of all things that big business hates and do something proper, it ruins the day the cell phone decision comes out with another big business is always right decision.

Agreed. Though it’s amusing that when the dispute is between two competing business interests, Scalia rediscovers his opposition to legislating from the bench:

I share the Court’s evident feeling that what Aereo is doing (or enabling to be done) to the Networks’ copyrighted programming ought not to be allowed. But perhaps we need not distort the Copyright Act to forbid it… what we have before us must be considered a “loophole” in the law. It is not the role of this Court to identify and plug loop-holes. It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes. Congress can do that, I may add, in a much more targeted, better informed, and less disruptive fashion than the crude “looks-like-cable-TV” solution the Court invents today."

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