On Wednesday ahead of a high-stakes battle between rising tech firm Aereo and television broadcasters, the subscriber digital service provider filed its written argument to try to save its business being threatened by an interpretation of the Transmit Clause of the Copyright Act, The Hollywood Reporter said.
According to the brief Aereo's lawyers filed, it discusses the fact that the interpretation of the copyright legislation by television broadcasters threatened the cloud computing industry. The company urges the US Supreme Court to reconsider favoring the television broadcasters as it would set precedent to deeming all cloud service providers infringers.
THR said that the television broadcasters, including CBS, Fox and ABC, have argued that Aereo's service violates the very spirit of the Copyright Act, as the company collects fees for sending public performances to tens of thousands of its subscribers online. Aereo, on the other hand, had reportedly given its own interpretation and said that their technology is an extension of how VCR and DVR works.
Aereo said in the brief, "The evolution of technology from a black-and-white television connected to a rabbit-ear antenna and a Betamax to a high definition television connected to a digital antenna and DVR has not changed those core principles. This case simply concerns the next technological step: allowing a consumer to access broadcast programming using an Internet-connected device coupled with a remotely located, individually assigned antenna and segregated video storage."
Aereo's brief also challenged the US government's view on how a public performance occurs and said that the latter's view is unworkable. Aereo claimed that in order to comply with the government's view on the Copyright Act, the company will be forced to monitor all content on its system to ensure the content transmitted by its customers is authorized or licensed.
THR said that the US government, who has sided with the television broadcasters, is expected to participate in the case' oral arguments the following month.
