We walk through the Aereo decision and how it will slow down mainstream TV. Meanwhile Yahoo steals Community from NBC.
CordKillers: Ep. 26 – Drone drunk
Recorded: June 30, 2014
Guest: Darren Kitchen
- Supreme Court puts Aereo out of business
- Aereo Says That SCOTUS Ruling “Sends A Chilling Message To The Tech Industry”
- Why the Supreme Court just set TV innovation back a decade
- Why the Aereo Shutdown Will Be a Disaster for Broadcast TV
- The US Supreme Court ruled 6-3 that Aereo is a public performance. The service which rented microantennas to users to watch over the air broadcasts on the Internet will have to wind up its operations in all regions. Justice Stephen Breyer wrote the opinion for the majority, arguing Aereo operated like a cable company and “Insofar as there are differences, those differences concern not the nature of the service that Aereo provides so much as the technological manner in which it provides the service.“ Justice Antonin Scalia wrote a dissent arguing that ignoring the technical aspect could hmean other services could suffer “guilt-by-resemblance.” Aereo CEO Chet Kanojia said the decision would cause a chilling effect but the company would continue to fight. However, part-owner Barry Diller told cnbc “it’s over now.” and a “a big loss for consumers.” Thanks to Hurmoth for submitting this on the subreddit.
- Fox moves to use Aereo ruling against Dish streaming service
- – Fox vs. Dish in 9th circuit court of appeals (Pasadena) oral arguments July 7
– Fox has submitted Aereo vs. ABC in support of their case.
– Dish Anywhere service and Hopper DVR “sideloading” feature
– Dish Anywhere is slingbox. Watch your Live or recorded TV on mobile devices, laptops, desktops.
– Hopper’s “sideloading” lets you move recorded shows to an iPad
– Aereo was deemed to be a ‘public performance’ equipment irrelevant.
– Letter to court by lawyer Richard Stone: “Dish, which engages in virtually identical conduct when it streams Fox’s programming to Dish subscribers over the internet – albeit also in violation of an express contractual prohibition
– Has repeatedly raised the same defenses as Aereo which have now been rejected by the supreme court.”
-What’s at issue is not really whether the Supreme Court would have also found this illegal. It’s the break on innovation and the chilling effect this NOW HAS on innovation.”
- Stevie, the MTV of social video curation, adds Chromecast support to its mobile apps
- Stevie – Video curation based on Facebook and Twitter (similar to Qplay)
– Integrated now with Chromecast
– Streams your social feed on screen while you watch.
- Google Introduces Android TV, Its New Platform For Smart TV Apps And Navigation
- Chromecast’s ultrasonic device pairing is much simpler than it sounds
- – Android TV announced: a software system that will be embedded into the smart TVs and other devices from third-party OEMs.
– create apps using the same Android toolset that they use for mobile phones and tablets.
– Chromecast support too.
– TVs from Sony, Sharp and TPVision, and will soon run on other set-top boxes that will become available later in the year from the likes of Asus
– Chromecast can now play ultrasonic signal through TV speakers to pair with devices not on same network
– USer has to enable setting to allow nearby devices
- Community’ getting sixth season on Yahoo
- Yahoo will release a 6th season of Community with 13 episodes
– Dan Harmon: “I look forward to bringing our beloved NBC sitcom to a larger audience by moving it online.”
– Joel McHale, Gillian Jacobs, Danny Pudi, Alison Brie, Ken Jeong, Yvette Nicole Brown, and Jim Rash will all return. (NO mention of Donald Glover)
- FilmOn announced a new service to pay to watch broadcast channels on computers and mobile devices.
- He claims FilmON is a cable company and he is willing to pay fair royalties for rebroadcasting channels. It ALSO uses “teleporter” technology to watch TV through a mini-computer screen in New York, no matter where they are in the world.
- LG has opened its smart TV platform to developers.
- LG has built their platform on WebOS which is open sourced and other TV manufacturers can use it. Will they? Do we even want that?
- More people watched the World Cup match between Germany and USA Thursday on WatchESPN than watched the SuperBowl.
- 1.7 million concurrent viewers in the second half. There were some authentication issues in the first half too.
- Knights of Sidonia come to Netflix July 4
- The series is based on Manga about genetically-altered mech pilots fighting shapeshifting aliens.
It originally aired in Japan earlier this year, but all 12 episodes of season one are set to hit Netflix everywhere.
- AppleTV got a few new apps, PBS Kids, Willow TV, AOL On and ABC News.
- This gives AppleTV two sources of live news content between SkyNews and ABCNews.
- HBO is letting non-subscribers stream the first episode of “The Leftovers” through Yahoo Screen.
2014 Summer Movie Draft
- TMS: $513,382,797
- DTNS: $480,640,796
- Amtrekker: $472,024,132
- GodsMoneybags: $292,534,313
- Night Attack: $276,017,928
- /Film: $200,185,511
- Brian: Orange is the New Black, Silicon Valley, The Brak Show, Legend of Korra, The Walking dead season 2 game
- Tom: The Shield 206 (Amazon), Orange is the New Black Ep. 4, 5, 6, 7 (Netflix) Silicon Valley Ep. 2, 3, 4 (HBOGo), Bob’s Burgers (Netflix) Rome (Amazon Prime)
- Darren: Team Blacksheep
Dispatches from the Front
Hi Brian and Tom,
I just finished reading the Aereo Supreme Court decision and wanted to give an opinion from a lawyer’s perspective.
I think Justice Scalia in his dissent correctly noted that we have some broad, unclear language in the Copyright Act. The majority bases it’s opinion in large part on the legislative history of the act (which is a matter of debate among lawyers. Some like Scalia look only at the language of the statute while others look to the intent of the legislature to guide interpretation). At the end, Scalia argues that the majority is interpreting the Act to reach the “right” result. Scalia acknowledges that he doesn’t think Aereo is necessarily above board, but essentially tips his hat to Aereo for coming up with a clever workaround. Scalia argues that the decision should have been based on the language of the statute, and if that result is unpopular the Congress should be the one to resolve it, not the Court.
I don’t know if the decision will have broad consequences because the majority focused closely on the impacts regarding TV licensing, so the cloud may be safe. Things like Dish and Slingbox… Not so much. We’ll have to wait and see, but this is definitely a step away from being able to watch what you want, where you want.
Love the show!
Geoff from Maryland
Hi Tom and Brian,
I was listening to episode 25 (it seems like such a low number for how long I’ve been listening to you guys) and your conversation about Netflix(?) picking up a Live-ish show, and the suggestion that they could recommend clips from a show based on what your tastes are.
What I got from that conversation was this crazy idea: What if Netflix is using their recommendation engine to figure out what original programming to produce. It would likely require some additional research, but I am suddenly in love with the idea of Netflix taking recommendations up a level by not only suggesting you should watch in their catalog, or what they should buy, but also generating original content based on what a size-able portion of their customers would be interested in watching.
For instance: “Hey, it looks like lots of people really like Sci-Fi horror, and that same segment ties into romantic comedy: We can make a romantic comedy sci-fi horror show!” (This is undoubtedly how Orphan Black was conceived – pun intended) So that’s not a great example, but hopefully you’ll get the idea. A large enough sample, with enough defining data could provide the keys to make a show for your audience, instead of hoping an audience will find your show.
Thanks for the great show!
As a cordkiller of the last year, thanks to you guys. I want to watch your shows (watch what I want) on my Roku3 (and any device I want). Any plans for a Diamondclub.TV app on the Roku? That might make me a patron supporter if you did.