The Electronic Frontier Foundation and Public Knowledge told a federal...
The Electronic Frontier Foundation and Public Knowledge told a federal court that Aereo’s online video service doesn’t violate copyright laws and should be allowed to continue operating. In an amicus brief filed with U.S. District Court, Manhattan, the public interest…
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groups defended Aereo’s right to let subscribers record and access broadcast TV programming. Several broadcasters sued Aereo earlier this year, alleging Copyright Act violations. “Nothing in the in the Copyright Act or in the Second Circuit’s holding transforms a private transmission into a public performance when it is viewed at the same approximate time as the original television broadcast,” they wrote. “Nor does viewing a broadcast -- live or time shifted -- in ‘different places through different media and for reception on different devices’ … [as the plaintiff’s put it], alter the application” of the Second Circuit’s precedent.” Aereo need not obtain a license or make a payment because there is no public performance of the copyrighted material, they said. “The Plaintiffs cannot assume away their burden to prove that Aereo creates public performances within the bounds of Section 106 of the Copyright Act,” they said. The court shouldn’t grant the TV plaintiff’s request for an injunction against Aereo, they said. “They cannot obtain injunctive relief to prevent harms that result from legal activities,” they said. “These ‘harms’ must be remedied through competition."