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Table of Contents - April 22, 2014

Justices Seek Aereo Approach That Doesn't Capture Cloud Services

With varying degrees of apparent concern, six members of the Supreme Court asked attorneys arguing today in broadcasters' challenge of Aereo, Inc.’s online TV streaming service to distinguish the allegedly copyright-infringing actions of Aereo from other services—especially various forms of cloud computing—that many observers and intervenors have warned would be threatened if Aereo loses.

The justices asked how they could designate what Aereo does as a "public performance" under the 1976 Copyright Act without implicating everything from cloud storage services to companies that deliver physical copies of music—such as "phonograph records."


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