Even After Their Supreme Court Loss, Aereo is Still Battling it Out in Courts

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Many thought that cloud solutions provider Aereo was dead after its case went to the Supreme Court. Aereo itself had indicated as much, with the company’s CEO Chet Kanojia having said that the company had no real backup plan in the case of losing the supreme court battle — which is ultimately what happened. So what gives?

According to Media Post, Aereo is attempting to push forward and resume operating in six U.S. states. Aereo is arguing that it now counts as a “cable system,” and that it can operate so long as it agrees to pay the necessary licensing fees that go with its hosting services.

Aereo’s case rested on the idea that the company was simply an option for cloud storage, rather than a cable system. Aereo had millions of subscribers throughout the U.S., and operated by using individual antennas to capture transmitting signals and deliver television to consumers.

They charged a monthly fee for the “storage” but didn’t pay anything to broadcasting companies, as is typically required. Aereo was attempting to operate on a loophole surrounding the way their antennas were set up — saying they counted as private transmissions — but the Supreme Court ultimately decided that the transmissions amounted to copyright infringement. Cloud solution providers were unsure of what the decision would mean for cloud technology, but so far, it hasn’t seemed to have any adverse legal effects for anyone other than Aereo.

Aereo is now taking that ruling to its logical corollary after several broadcasters attempted to shut down Aereo from operating in the six states in question (Colorado, New Mexico, Wyoming, Kansas, Utah and Oklahoma).

“The Supreme Court’s holding that Aereo’s live (‘Watch Now’) functionality is indistinguishable from a cable system under the Copyright Act also means that Aereo is eligible for a compulsory license,” claimed Aereo in papers filed with the 10th Circuit Court of Appeals.

Aereo is saying that broadcasters can’t seek to kick Aereo out for the same reasons that the court case was not decided in their favor. Since the Supreme Court did not address Aereo’s cloud hosting-based DVR services, they are also asking the 10th Circuit for permission to continue offering these services to consumers.

What do you think this development means for cloud computing solutions and hosting services? Let us know in the comments. Learn more: local.cbeyond.com

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